Somers v. Converged Access, Inc.

Holding that employer was liable under the Wage Act even when it in good faith classified employee as an independent contractor instead of an employee

Baker v. Flint Eng'g & Constr. Co.

Holding that an individual's economic dependence is a "focal point" of the economic realities test

Athol Daily v. Board, Div., Emp., Train

Holding that newspaper carriers satisfied part C because they used their own vehicles, were free to deliver for other newspapers or companies, purchased newspapers wholesale and resold them to subscribers, with lack of advertising not dispositive because carriers were free to advertise if they desired "in an attempt to increase the number of subscribers on their routes or to acquire similar relationships with other publishing companies"

Martin v. Tango's Rest., Inc.

Holding section 203(m) to “require at the very least notice to employees of the employer's intention to treat tips as satisfying part of the employer's minimum wage obligations”

North America Inc. v. Unemployment Assistance

Finding that an employer did not satisfy Prong C of the identical unemployment statute simply by showing that its contract with a worker allowed her "to expand her business by hiring employees and directly soliciting new customers"

Boston Bicycle Couriers, Inc. v. Deputy Director of the Division of Employment & Training

Finding that worker was employee when putative employer failed to prove that worker "performed other courier delivery services on his own behalf that were completely apart from those performed for [the putative employer], and that this other separate courier delivery work exhibited economic independence such that [the worker's] business would continue as an ongoing enterprise, notwithstanding the end of work for [the putative employer]"

Driscoll v. Worcester Telegram Gazette

U.S. v. Total Employment Company, Inc.

In Total Employment, the debtor was an employee leasing company as defined by Florida Statute § 468.520, and the IRS filed proof of claims in the debtor's bankruptcy for unpaid federal employment taxes.

Section 149:148B - Persons performing service not authorized under this chapter deemed employees; exception

Specifying types of services considered to be not those performed by an employee and noting that an employer's failure to make withholdings or payments that would be required for an employee "shall not be considered in making a determination" as to a person's employee status