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Roessler v. Novak
Independent Contractors
Increasingly, with the spread of the sharing economy and contingent labor, courts must first determine whether a worker is an employee or an independent contractor. Employers may classify workers as independent contractors for a variety of reasons. Such an arrangement may be pursued by workers seeking more flexibility or control over their own work. Employer may gravitate to such arrangements to minimize tort exposure or lower the costs of employment (independent contractors are often not eligible for benefits). If some worker classification is strategic, how should courts evaluate vicarious liability when a worker is at least nominally an independent contractor?
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