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Are These Workers Employees or Independent Contractors? It Depends Who is Asking and Why They Want to Know. - Labor and Employment Law News

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Labor and Employment Law News

Posted on: Mar 13, 2019

From Ice Miller LLP:

Within one week, both the National Labor Relations Board (“NLRB”) and the Indiana Supreme Court revamped their definitions of “independent contractor,” in some ways clarifying and in some ways complicating, a complex area of the law. On January 23, 2019, the Indiana Supreme Court overturned an appellate court ruling to focus on the so-called “ABC” test to determine when a worker is an employee or an independent contractor. Two days later, on January 25, 2019, the NLRB overturned a previous decision and revised its employment classification test to focus on the role of “entrepreneurial opportunity” in determining whether workers are properly characterized as employees or independent contractors. And those two recent decisions are only part of the puzzle for employers.

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This article was submitted by Manolis Boulukos, Ice Miller LLP. If you would like to submit content or write an article for the Labor and Employment Law Section, please email Kara Sikorski at


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