27th Aug 2018

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In general

In litigation there is often an issue of whether an independent contractor is an employee of another. An independent contractor is not an employee of another. This issue applies and is often critical in differing factual or legal matters. The issue of whether an individual is an employee or independent contractor exists in the following types of litigation:

1. Wage and hour litigation [Dynamex Operations West v. Superior Court (2018) 4 Cal. 5th 903. See § I23.03 INDEPENDENT CONTRACTOR [FOR PURPOSES OF CALIFORNIA WAGE ORDERS].

2. Where the third party plaintiff seeks to hold the employer vicariously liable for the acts of an alleged “employee”. See § V10 VICARIOUS LIABILITY [§ V10:6 Vicarious liability: rule in general].

3. Whether workers’ compensation benefits apply to the injury of an “employee”. See § E14 EMPLOYERS LIABILITY INSURANCE [§ E14:2.3 Independent contractors]; § W25.01 WORKERS’ COMPENSATION EXCLUSION.

4. Whether an independent contractor or a property owner-hirer is liable for the acts of a subcontractor. See § I23.02 INDEPENDENT CONTRACTOR AS LIABLE FOR ACTS OF SUBCONTRACTOR [§ I23.02:1 In general].

References in bold are to Mr. Cornblum’s text CALIFORNIA INSURANCE LAW DICTIONARY AND DESK REFERENCE, 2018 Edition, published by ThomsonReuters (1-800-344-5008 to order 3-Volume text).  2018 Edition now available.

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