Employee vs. Independent Contractor
Michael Scantland
v. Jeffry Knight, Inc., Case No. 8:09-CV-1985-T-17TBM, U. S. District
Court, Southern District of Florida, Tampa Division, Order entered on March 29,
2012. Partial Summary Judgment was entered in favor of defendant cable
installation company for customers of Bright House Networks in a collective
action under Fair Labor Standards Act brought by individual cable technicians
claiming to be “employees,” rather than “independent contractors,” based on
court’s analysis of installer contracts and an “economic realities” test of the
parties’ relationship, including various factors dealing with the nature and
degree of “control” over which the work was performed, the opportunity for
profit and loss, investment in materials and the presence of special skills. (from RPPTL subcommittee).
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
Comments
Post a Comment