What's In A Name: Employee V. Independent Contractor

Law360, New York (January 6, 2012, 1:57 PM EST) -- Insurance agents and other types of salespeople with the discretion to determine when, how and whether to sell a company’s products may properly be classified as independent contractors, according to the California Court of Appeal’s recent holding in Arnold v. Mutual of Omaha Insurance Co. — the first California decision to detail the circumstances under which insurance agents, and potentially other types of salespeople, may be classified as independent contractors.

The Arnold court utilized California’s Borello "control test" — a test similar to other control tests...
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