Ogletree Deakins: Connecticut Supreme Court Provides Guidance on Independent Contractor Classification | Practical Law

Ogletree Deakins: Connecticut Supreme Court Provides Guidance on Independent Contractor Classification | Practical Law

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses Southwest Appraisal Group, LLC v. Administrator, Unemployment Compensation Act, in which the Connecticut Supreme Court concluded that a worker can be deemed an independent contractor even if he only provides services to a single employer. According to the "ABC" test used by Connecticut courts in unemployment cases, a worker can be labeled an independent contractor if evidence shows that A) he is free from employer direction and control; B) his services are outside of the employer's usual course and place of business; and C) he is engaged in an independently established business of the same nature as the services performed. The court determined that performing services for third parties is only one of several factors to consider in proving part C. The court provided a list of other factors that may satisfy part C when the worker provides services to one entity.

Ogletree Deakins: Connecticut Supreme Court Provides Guidance on Independent Contractor Classification

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Law stated as at 21 Mar 2017Connecticut
This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses Southwest Appraisal Group, LLC v. Administrator, Unemployment Compensation Act, in which the Connecticut Supreme Court concluded that a worker can be deemed an independent contractor even if he only provides services to a single employer. According to the "ABC" test used by Connecticut courts in unemployment cases, a worker can be labeled an independent contractor if evidence shows that A) he is free from employer direction and control; B) his services are outside of the employer's usual course and place of business; and C) he is engaged in an independently established business of the same nature as the services performed. The court determined that performing services for third parties is only one of several factors to consider in proving part C. The court provided a list of other factors that may satisfy part C when the worker provides services to one entity.