Tuesday, July 16, 2013

"Economic Reality" Sets in at the 11th Circuit!



Having been disappointed by several recent 11th Circuit opinions, I am pleased to see here a straightforward application of the "economic reality" test to determine if your worker is an "independent contractor" (as you had them swear 47 times in various documents) or an actual "employee" as that phrase is normally understood:
This inquiry is not governed by the “label” put on the relationship by the parties or the contract controlling that relationship, but rather focuses on whether “the work done, in its essence, follows the usual path of an employee.”
So take this job disclaimer and shove it!

2 comments:

Anonymous said...

Blind pig time.

Godwhacker said...

Break out the whips with these swine. Cut back their rations. Wait, the house just did that.