Recent IC Court Cases

March 2008

On March 10, 2008, the Court of Appeals of the State of Indiana affirmed the trial court's finding that a former newspaper delivery person was an independent contractor and not an employee of a distribution service. The appellant/plaintiff brought an action against the service and its owner for damages and unpaid wages under Indiana's wage statutes.

The appeals court used the ten factor approach as described in Restatement (Second) of Agency S. 220 (1958) and as relied upon by the Indiana Supreme Court to determine the appellant/plaintiff's independent or employee status.

February 2008

In an unpublished opinion dated Feb. 26, 2008, the Court of Appeals of the Second District of California affirmed the judgment of the trial court which found carriers of a newspaper to be employees for purposes of workers' compensation law. The case did not originate from a claim by a carrier but arose with respect to the premium that the newspaper was assessed for its workers' compensation coverage.

December 2007

In a case on appeal from a decision of the Board of Review of the New Jersey Department of Labor and Workforce Development, the Superior Court of New Jersey determined that a newspaper company failed to prove the claimant was an independent contractor under New Jersey’s three prong standard (ABC test). The court affirmed the finding of the Appeal Tribunal, which was confirmed by the Board of Review, that the claimant was eligible for unemployment benefits.

September 2007

On Sept. 14, 2007, the Court of Civil Appeals of Alabama affirmed a lower court decision finding that an individual was working as an independent contractor and not an employee of two newspaper companies at the time she was killed in a motor vehicle accident. Her dependents sought workers' compensation death benefits on account of her death, alleging that she was an employee of the companies and her death arose during the course of employment.

August 2007

In a suit alleging discrimination, the United States District Court for the Northern District of Illinois granted summary judgment to a newspaper when it ruled that the plaintiff was an independent contractor and thus not protected under Title VII of the Civil Rights Act of 1964.

The five-part test under which the court found no employment relationship existed takes into account (1) the extent of the employer's control and supervision over the worker, including directions on scheduling and performance of work, (2) the kind of occupation and nature of skill required, including whether skills are obtained in the workplace, (3) responsibility for the costs of operation such as equipment, supplies, fees, licenses, workplace, and maintenance of operations, (4) method and form of payment and benefits, and (5) length of job commitment and/or expectations.

First Published:
May 20, 2008