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Legs & Regs: Agents Not Contractors

January 30 2012

This month, a California appellate court held that insurance agents are not employees under the California Labor Code in the lawsuit Arnold v. Mutual of Omaha Insurance Company where an agent filed a putative class action alleging that she was misclassified as an independent contractor and denied reimbursement of business-related expenses.

The trial court granted the defendant summary judgment, finding that the plaintiff was a common law independent contractor and therefore not entitled to business expense reimbursement or timely payment of wages.

Corporate members of Staffing Industry Analysts can read the full report on the case in the North American Contingent Workforce Legs & Regs Advisor.

Other legal and legislative updates in the advisor include:

  • PEO not joint employer for FMLA purposes
  • Illinois court expands enforceability of noncompetition agreements
  • Join employers meet FMLA “worksite” requirement


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