'Contractor' Vs. 'Employee' — The FedEx Model

Law360, New York (January 12, 2010, 1:50 PM EST) -- One of the seemingly most well settled, if not always easily applied, analytical tools labor and employment lawyers have had is the so-called common law agency test for analyzing independent contractor versus employment relationships.

Increasingly, this analysis has been used by state and federal government agencies and private plaintiffs to classify putative independent contractors as employees. This re-classification can have dramatic impact on the companies who have engaged these workers.

For example, the company that engages a worker as an independent contractor, but who is later...
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