BMHJ Blog: Legal Information, Resources, & News: Employment Law

How to Determine Whether a Person is an Employee or Independent Contractor?

November 18th, 2019
By: admin


Recently, Matt Roberson presented at the Auto & Transportation sectional meeting of the 2019 Virginia Association of Defense Attorneys Annual Meeting in Norfolk, Virginia, and provided insight regarding how to determine whether a person is an employee or independent contractor. This is a significant distinction since the general rule in Virginia is that the employer of an independent contractor is not liable for injury caused to another by an act or omission of the contractor.

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Fourth Circuit holds that employers can be found liable for customer conduct in hostile work environment case

Jennifer E. White, Esquire
June 6th, 2014
By: Jennifer E. White, Esquire

Last month, a split panel of the Fourth Circuit Court of Appeals published an opinion with significant implications for the adjudication of hostile work environment claims under Title VII and Section 1981. The decision, Freeman v. Dal-Tile Corp., No. 13-1481 (4th Cir. Apr. 29, 2014), expands employer liability to include a customer’s actions against an employee and, according to the dissent, without regard for the extent to which the alleged discriminatory conduct permeated the employee’s actual work environment.

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Disclaimer

This blog and the information provided has been prepared by Bancroft, McGavin, Horvath & Judkins, P.C. (“BMHJ”) for information purposes only and is not intended nor to be construed as legal advice. This blog may contain the opinions of the members and associates of this firm on various legal issues and is not legal advice. Read More