Tuesday, March 19, 2024
 

Ruling May Impact Artworld Employment Practices


Another example of the ongoing employment battles, and one that studio artists and any art professional employing people to assist with their art work, research, or installations, should keep an eye on, especially those that like to classify workers as independent contractors rather than employees.

The 9th Circuit Court of Appeals has ruled that certain workers Federal Express had classified as independent contractors are actually employees. Once again, the Court emphasized “control of the work” as the main factor. From the LA Times:

While corporations claim the contractor system gives drivers flexibility and strong incentives as “small businesses,” critics say it’s simply a way to shift the costs of employment onto workers and avoid payroll taxes and workers’-compensation costs.

The basic question in lawsuits involving the independent contractor model is whether or not a company like FedEx still maintains control over the work itself. In Wednesday’s ruling, the judges asserted that it does.

FedEx has petitioned for an en banc hearing (where the entire 9th Circuit Court of Appeals rehears FedEx’s argument).

 

Tags: , , , , , , ,

Comments

No comments so far.
  • Leave a Reply
     
    Your gravatar
    Your Name
     
     
     

     
     
 
Legal

Clancco, Clancco: The Source for Art & Law, Clancco.com, and Art & Law are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to Clancco.com. They are not the views of any other organization, legal or otherwise. All content contained on or made available through Clancco.com is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to Clancco.com treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.
 

Switch to our mobile site