News, Blog & Cases

Friday, September 11, 2009

Cable Installer: Independant Contractor or Employee?

In a recent decision in Parrilla v. Allcom Const. & Installation Services, LLC, a federal court in Florida held that a cable installer was an employee and not an independant contractor and, therefore, was required to overtime compensation. In the decision, the court listed the following factors to be considered in distinguishing between employees and independant contractors: (1) the nature and degree of the alleged employer’s control as to the manner in which the work is to be performed; (2) the alleged employee’s opportunity for profit or loss depending upon his managerial skill; (3) the alleged employee’s investment in equipment or materials required for his task, or his employment of workers; (4) whether the service rendered requires a special skill;
(5) the degree of permanency and duration of the working relationship; and (6) the extent to which the service rendered is an integral part of the alleged employer’s business.