Determining Independent Contractor Status-Eighth Circuit Weighs In

From the Employer Law Blog, Timm Schowalter writes “Recently, the Eight Circuit Court of Appeals weighed in on the fray and derived yet another test: “hybrid” test. In Alexander v. Avera St. Luke’s Hospital, the Eighth Circuit determined that a hybrid of the economic realities test and the common law test should be used in determining whether a worker is an employee or independent contractor. Of paramount importance is the degree of control the employer has over the work of the individual. Professional and economic freedoms of the worker tilt the scale in favor of the individual being an independent contractor. Granting greater freedoms to that individual than to other workers who are inarguably employees gives further evidence that the individual is an independent contractor. Companies should closely monitor the degree of control and influence they exert over an individual’s performance if they want to maintain an independent contractor relationship rather than an employer-employee relationship….”

Read the full story at Determining Independent Contractor Status-Eighth Circuit Weighs In.

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.