From JDSupra, Meredith-Anne Berger, Lynn Kappelman, and William Perkins discuss the Connecticut Supreme Court’s decision that service technicians that worked in customers’ homes provided services outside the company’s usual place of business. They write:
In recognizing the uncertainty that accompanies a determination of employee/independent contractor status, the court undertook a comprehensive review of the appellate decisions from all over the country on both prongs of the test. The decision clarifies the state of the law, at least with respect to a subset of workers that applies to a broad swath of industries, and allows employers to make an informed decision about the status of its workers that perform services within customers’ homes.
Employers should consider reevaluating the classification of their employees and independent contractors in light of this decision. While the ruling does not extend to each and every classification decision due to the inherent fact-based analyses in these cases, those with workers who perform services in customers’ homes may want to revisit their classification policies in the wake of this decision relating to independent contractor status for purposes of unemployment insurance. However, outside the unemployment insurance context, different tests are used and classification.