Tag Archives: independent contractor

“Star” Opera Singer is not Employee of the Metropolitan Opera House

A New York appellate court has agreed with Wendy White, prominent opera singer at the Metropolitan Opera House at Lincoln Center (“the Met”), that White is not an employee and, therefore, may maintain a civil action in negligence against the … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on “Star” Opera Singer is not Employee of the Metropolitan Opera House

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 thing” for businesses that utilize so-called “independent contractors.” Those of … Continue reading

Posted in Issue commentary | Tagged , , , , , | Comments Off on Now California’s Pro Sports Cheerleaders are Employees

SC Court Signals That Uber Business Model Probably OK in the Palmetto State

E-businesses like Uber and Lyft, which utilize smartphone or tablet apps to connect passengers and drivers with vehicles for hire are beginning to carve out a niche within the economy. As I mentioned in an earlier post, the Uber/Lyft business … Continue reading

Posted in Issue commentary | Tagged , , , , , , | Comments Off on SC Court Signals That Uber Business Model Probably OK in the Palmetto State

Proposed Alaska Legislation Would Clarify That Uber and Lyft Drivers Are Not Entitled to Comp Benefits

As I mentioned in an earlier post, juries in two civil actions pending before a federal court sitting in California will be allowed to determine if Uber and Lyft have the right to exercise sufficient control over California drivers to … Continue reading

Posted in Issue commentary | Tagged , , , , | Comments Off on Proposed Alaska Legislation Would Clarify That Uber and Lyft Drivers Are Not Entitled to Comp Benefits

South Carolina Supreme Court Says Exotic Dancer Was an Employee of Nightclub

In a split decision, the Supreme Court of South Carolina, reversing a majority decision by the state’s Court of Appeals, held that an exotic dancer was an employee—not an independent contractor—of a nightclub and that she was, therefore, entitled to … Continue reading

Posted in Case comment | Tagged , , , | Comments Off on South Carolina Supreme Court Says Exotic Dancer Was an Employee of Nightclub

Juries Will Decide if Uber and Lyft Drivers are Employees

Supplementing my earlier post, in separate rulings yesterday, both Uber and Lyft failed to satisfy United States District Court judges that their drivers are independent contractors and not employees [see Cotter v. Lyft Inc., 13-cv–04065, and O’Connor v. Uber Technologies … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Juries Will Decide if Uber and Lyft Drivers are Employees

Could Employee Classification Issues Uberwhelm the Uber Business Model?

Arguments were held last week in connection with motions pending in a federal lawsuit [O’Connor v. Uber, 13–3826, U.S. District Court, N.D. Cal.- San Francisco] that could put an ugly dent into the virtual fender of Uber, the app-based transportation … Continue reading

Posted in Issue commentary | Tagged , , , , , , | Comments Off on Could Employee Classification Issues Uberwhelm the Uber Business Model?

Michigan Supreme Court Clarifies Independent Contractor-Employee Distinction

In a 6–1 decision, the Supreme Court of Michigan has reversed a 2013 decision of a special panel of the state’s Court of Appeals, finding that a landscape worker was an independent contractor and not an employee of the defendant … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Michigan Supreme Court Clarifies Independent Contractor-Employee Distinction

Informal Arrangement Regarding Boarding of Horses Did not Create Employer-Employee Relationship

An oral agreement whereby one party (Cornett) was allowed to board horses on property owned by another (Schumacher) and pay the latter a portion of the boarding fees received as rent for the stables did not create an employee-employer relationship, … Continue reading

Posted in Case comment | Tagged , , , , , | Comments Off on Informal Arrangement Regarding Boarding of Horses Did not Create Employer-Employee Relationship

Tennessee: Appellate Court Says Compensation Paid to Independent Contractors Should Have Been Considered in Computing Insured’s Comp Premiums

A Tennessee Department of Commerce and Insurance ruling–later upheld by a state trial court–that a company was not liable for additional workers’ compensation insurance premiums related to the earnings of various physical therapists, with whom it had contracted, on the … Continue reading

Posted in Case comment | Tagged , , , , | Comments Off on Tennessee: Appellate Court Says Compensation Paid to Independent Contractors Should Have Been Considered in Computing Insured’s Comp Premiums