Right to Control Independent Contractors

News & Analysis as of

Is it Any Surprise to Anyone that Uber and Lyft Drivers Are Employees?

Why is anyone surprised to learn that the judges hearing two class actions involving Uber and Lyft drivers in California are leaning towards holding that the drivers are employees, and not independent contractors? At the...more

NLRB Adopts New Test for Independent Contractor Misclassification, Applies it to Find FedEx Drivers are Employees Who Can Unionize

The NLRB has tossed a new vegetable into the enormous salad of independent contractor misclassification tests. As companies might expect, the new vegetable smells rotten. Companies who wish to analyze whether their...more

State Law Can Override Control Test for Employment

Past articles in this blog have discussed the control test for establishing an employment relationship as opposed to independent contractor status. Although government agencies such as the Department of Labor or IRS describe...more

Standard for Class Certification of Independent Contractors Clarified by California Supreme Court

In Ayala v. Antelope Valley Newspapers, the California Supreme Court held that the proper test for determining whether newspaper carriers could proceed as a class on the issue of their employment status was the employer’s...more

Employment Law Advisory for July 30,2013: "Independent Contractor" or "Employee" Turns on Company's Right to Control the Manner...

Companies use independent contractors, instead of employees, to perform certain functions for many different reasons. Often, companies find it easier in the short term to retain an “independent contractor” rather than to hire...more

Exotic Dancers Are Employees, Not Independent Contractors, Kansas Supreme Court Rules

In Milano’s v. Kansas Department of Labor, the Kansas Supreme Court determined that exotic dancers were employees, not independent contractors, for purposes of unemployment insurance....more

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