NY Law That Newspaper Carriers Aren’t Employees for Comp Purposes Does Not Always Control

Alaska High Court Says Trial Court, Not Jury, Decides Employment Status Issue

California Supreme Court Says Dynamex Should be Applied Retroactively

In Vazquez v. Jan-Pro Franchising International, Inc., 2021 Cal. LEXIS 1 (Jan. 14, 2021), the Supreme Court of California held its earlier Dynamex decision [Dynamex Operations West, Inc. v. Superior...

MD’s Highest Court Says Lower Court Erred in Reversing a Jury’s Finding as to Co-Employer Status

The Court of Appeals of Maryland, in a divided decision, held the state’s Court of Special Appeals erred in concluding, as a matter of law, that Tyson Farms was a...

Opinion Mondays: Tests for Employment Status Appear to Grow on Trees

Among the factors adding complexity to the issue of whether a particular worker is an employee or an independent contractor is the sheer number of tests that might be utilized...

Arkansas Carrier Wins: Requires Premiums Be Paid on Worker’s Earnings, Then Says He Was Independent Contractor

In a real “head-scratcher,” an Arkansas appellate court, relying on a 50-year-old decision of the state’s Supreme Court, held that the Arkansas Commission did not err when it determined that...

MD Court Says Tyson Was Co-Employer of Worker at Uninsured Chicken Farm

Where a chicken farm owner—who knew virtually nothing about raising chickens—exercised minimal control over an employee manager of the farm, yet Tyson Farms, Inc., which contracted with the farm owner...

New York: Board—Not the Trial Court—Must Determine if Worker Was Independent Contractor

Reiterating the important rule in New York, that where the availability of workers’ compensation benefits hinges upon questions of fact or upon mixed questions of fact and law, the parties...

Vermont “Volunteer” Driver for Transit Authority is not an Employee

Driver’s Mileage Reimbursement Did not Constitute “Wages” Reimbursement for mileage driven at rates established by the Internal Revenue Service is not “wages” as defined by Vt. Stat. Ann. tit. 21,...

New York Church Volunteer’s Personal Injury Action Barred by Exclusive Remedy Rule

A church volunteer, who contended that she suffered injuries when she tripped and fell over an exposed power cord near or on the altar as she went to help distribute...

Now California’s Pro Sports Cheerleaders are Employees

Anyone familiar with the FedEx, Uber/Lyft litigation going on at various levels in California’s courts and before the state’s administrative agencies knows that the Golden State appears to have “a...