A not uncommon quandary – Another employee vs. independent contractor case to consider

Description

Abstract: The U.S. Court of Appeals for the Fifth Circuit had to decide whether welders for an electrical contractor were employees entitled to overtime or independent contractors. The court noted that the facts appeared to be evenly balanced between employee and independent contractor status, but weighed a number of factors before siding with the employees. A sidebar discusses legal contexts for this recurring “employee vs. contractor” dispute.