Split 3rd Circuit: Economic Realities, Not Structure, Determine Work Relationship

Mealey's (July 27, 2015, 9:07 AM EDT) -- PHILADELPHIA — Courts must look to the economic realities, not the structure, of the relationship between a business and its workers to determine whether those workers are employees or independent contractors, a split Third Circuit U.S. Court of Appeals ruled July 21 (Mikael M. Safarian v. American DG Energy Inc. v. Multiservice Power, Inc., No. 14-2734, 3rd Cir.; 2015 U.S. App. LEXIS 12548).

(Opinion available. Document #73-150814-011Z.)

American DG Energy Inc. (ADG) operates in the utility business. Mikael Safarian is an engineer who serviced and installed...
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