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).