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Ninth Circuit Upholds 'Right to Control' as Primary Test of Independent Contractor or Employee Status
Kilpatrick Townsend Link to more items from this source
Sept. 1, 2014
"The court held that the primary factor in determining whether a worker is an independent contractor or employee in California is the right to control the manner or means by which a result is obtained, regardless of whether that right is exercised. The court found the evidence overwhelmingly established that FedEx Ground retained the right to control the manner and means by which the work was performed. While drivers might have been permitted limited freedom to make certain decisions in performing the work, FedEx Ground retained all necessary control over the drivers." [Alexander v. FedEx Ground Package System, Inc., No. 12-17458 (9th Cir. Aug. 27, 2014) and Slayman v. FedEx Ground Package System, Inc., No. 12-35525 (9th Cir. Aug. 27, 2014)]

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