Brands, Beware Too Much Influence Over Your Influencers

In an article for Law360, Paul I. Menes, Co-Head of the Entertainment and Media Practice at Adli Law Group, analyzes the possible effect of the recent California Supreme Court decision in Dynamex Operations West Inc. vs. The Superior Court of Los Angeles County can have on brands that use social influencers.  Dynamex, which will apply to all businesses in California commencing January 1, 2020, makes it practically impossible for businesses to characterize their independent contractors as anything but employees. The article discusses the delicate balance brands in California now need to strike, between making sure their influencers comply with the FTC Rules on disclosing endorsements, and exerting too much control over these influencers to ensure they do, as well as over the influencers’ messaging for the brand, which would turn the influencers into employees of the brand.

To read the article, click here. (subscription required)