From Lexology, Noel P. Tripp reports that federal judges said that two translators were properly classified as independent contractors. Noel writes:
Contrary to the complaint’s allegations, both these plaintiffs testified that they were responsible for providing their own computer equipment and headphones; the defendant agency’s clients (rather than the defendant) furnished the software they used; they were not reimbursed for work-related expenses; they typically worked at the clients’ offices or in their own homes; they were not assigned office space at defendant’s office; they could and did sometimes refuse work assignments from defendant; and they could and did work for other companies during the period they provided translation services to defendant’s clients. Despite the presence of several uncontroverted allegations tending to support employee status – including that plaintiffs lacked their own stationery reflecting independent businesses, defendant’s training and dress code requirements, defendant’s identification of replacement translators for its clients when necessary, and defendant’s web site reference to translators as “employees” – Magistrate Judge Orenstein held that the economic reality of the relationship was that the named plaintiff and one of the opt-in plaintiffs were independent contractors…
Read the full story at New York Federal Court finds business properly classified translators as independent contractors
