What is the test for using the term "employee" to refer to an independent contractor?
California, United States of America
The following excerpt is from McGee v. Balfour Beatty Constr., LLC, 202 Cal.Rptr.3d 251, 247 Cal.App.4th 235 (Cal. App. 2016):
5 We recognize that in the criminal context People v. Christiansen, supra, 216 Cal.App.4th 1181, 157 Cal.Rptr.3d 451 reached a different conclusion. It held that, in the criminal context, the term employee could not apply to an independent contractor. (Id. at p. 1189, 157 Cal.Rptr.3d 451.) We follow Hub City because this case, like Hub City, is a civil case.
5 We recognize that in the criminal context People v. Christiansen, supra, 216 Cal.App.4th 1181, 157 Cal.Rptr.3d 451 reached a different conclusion. It held that, in the criminal context, the term employee could not apply to an independent contractor. (Id. at p. 1189, 157 Cal.Rptr.3d 451.) We follow Hub City because this case, like Hub City, is a civil case.
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