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Tag Archives: independent contractor

Workers’ Compensation – Subject Matter Jurisdiction – Independent Contractor – Different Deputy Commissioners – Unpreserved Issue (access required)

Bentley v. Jonathan Piner Construction (Lawyers Weekly No. 011-203-17, 19 pp.) (Linda McGee, C.J.) Appealed from the Industrial Commission. N.C. App. Holding: Where plaintiff held himself out as a framing contractor, brought along a framing crew when the defendant-subcontractor offered ...

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Workers’ Compensation – Independent Contractor – Home – Refurbishment – HVAC Technician (access required)

Moose v. Watkins Even though the defendant-owner paid plaintiff for 40 hours per week to perform heating and air conditioning work on the houses she was having renovated, plaintiff was nevertheless an independent contractor; he was skilled in an area of expertise, he had an assistant, defendant did not control the details of plaintiff’s work, she had no other employees, and plaintiff decided when to work his weekly 40 hours.

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Labor & Employment – Civil Rights – Sex Discrimination Claim – Title VII – Independent Contractor (access required)

Laredo v. CRST Malone, Inc. Where, if defendants had hired plaintiff, she would have been an independent contractor, plaintiff does not have a failure-to-hire claim under Title VII. Defendants’ motion for summary judgment is granted as to plaintiff’s Title VII claim. Plaintiff’s state-law emotional distress claim is dismissed without prejudice. Whether a party was or would have been an independent contractor is a question of law.

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Labor & Employment – Independent Contractor – Sales Representative – Wage & Hour Act Inapplicable (access required)

Wetherby v. B6USA, Inc. The trial court correctly concluded that plaintiff was an independent contractor based on its finding that “Plaintiff had complete control over the method by which he sought and closed sales; the Plaintiff worked his own hours, without minimum or maximum requirements, either in or out of the office of the corporate Defendant; the Plaintiff worked for a fixed price, subject to additional bonuses for sales productions; the Plaintiff simultaneously worked for two companies from January through some of May, 2007; and the Plaintiff selected his own work time and work location.”

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Workers’ Compensation – Death Benefits – Cab Driver – Independent Contractor (access required)

Lee v. City Cab of Tarboro Plaintiffs’ decedent leased a cab from the defendant-cab company, decedent had the freedom to decline a fare, and the cab company did not treat decedent as an employee with respect to workers’ compensation insurance and social security contributions. Although decedent was not allowed to hire assistants, she signed a non-compete agreement, and the nature of the work was non-specialized, the balance of the factors weighs in favor of finding that decedent was an independent contractor rather than an employee. We affirm the Industrial Commission’s finding that it lacked jurisdiction over plaintiffs’ claim for workers’ compensation benefits.

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