Insurance Agents Not Independent Contractors, Judge Says

Law360, New York (August 2, 2017, 5:22 PM EDT) -- A certified class of nearly 7,000 insurance agents claiming they were misclassified as independent contractors by American Family Insurance Co. are in fact employees under the Employee Retirement Income Security Act, an Ohio federal judge ruled Tuesday, saying the company exerted a level of control over their work that is commensurate with typical employees. 

U.S. District Judge Donald Nugent's ruling followed a 12-day bench trial that analyzed the sole issue of whether a group of insurance agents were employees under ERISA, with the judge accepting a nonbinding recommendation from an advisory jury that the agents were misclassified.

As part of his...

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