There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of Appeals to reverse summary judgment (dismissal without trial) in favor of the DOL gives employers some guidance and reason for hope.
Background Facts
Travelon hires drivers to take patients to and from medical appointments. It provides equipment, such as vans and electronic tablets, to drivers and pays for costs, including internet service and insurance for the vans. Customers pay the company for their transportation services, but Travelon provides the entire payment to the drivers.
