From VTDigger, a press release from Home Builders and Remodelers Association of Northern Vermont reports on a Vermont case in which the court said an LLC was not an individual and therefore not an employee. The press release states:
In a major victory for home builders and all of Vermont’s small businesses, on June 23rd the Vermont Supreme Court issued a decision providing much-needed clarity to Vermont employers.
At issue in this case (see: In re Bourbeau Homes, Inc.) was the proper classification of a limited liability company (LLC) whose single owner-member helped build homes sold by Swanton-based Bourbeau Custom Homes.
In the unanimous decision issued June 23, the Vermont Supreme Court said a worker with an LLC could not legally be considered an individual, and therefore could not be an employee. The Bourbeau decision follows a December 2016 Vermont Supreme Court decision favoring Burlington-based Great Northern Construction, also a member of the Home Builders & Remodelers Association of Northern Vermont (HBRANV).
“Businesses need clarity and predictability to prosper,” said Maureen Cregan Connolly, Executive Officer for the HBRANV. “Our association scored a major victory for the entire Vermont small business community by providing the information they need to succeed based on this decision.”
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