Maria Anastas discusses precedence setting regarding owner-operators in a BLR webinar entitled ‘Employee versus Independent Contractor: Where’s the Line? How to Make the Proper Call and Stay Out of Court’. She answers the question regarding the classification of owner-operators as independent contractors. An example is a transportation company with its own fleet of vehicles but also employs owner-operators as truck drivers.
She provides the following information regarding what organizations need to know about precedence setting for owner-operators who are employed by an organization:
- There will be precedence and it will depend on what agency is involved or what agency is most likely to have an interest in the issue
- Some jurisdictions have their own rules and guidelines
- There is no nationwide-rule or nationwide-precedence related to owner-operators
- Precedence setting also depends on which legal issue is being raised
- Some jurisdictions can determine that owner-operators are not independent contractors
Maria Anastas is a partner in the San Francisco office of law firm Ogletree, Deakins, Nash, Smoak & Stewart, PC ( www.ogletreedeakins.com ). She represents employers in labor and employment law matters exclusively, with a primary emphasis on traditional labor matters. She also devotes a substantial portion of her practice to providing employers with practical advice on a wide variety of employment law issues. She can be reached at firstname.lastname@example.org.