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11 Missouri opinions name it 1 courts 1996–2014 0 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Travelers Equities Sales, Inc. v. Division of Employment Securitygreen2 sentences2014“No one factor is dispositive.” Id. “„[T]he bedrock is still the common law agency test of the right to control the manner and means of performance.‟” Id. (quoting Travelers Equities Sales, Inc., 927 S.W.2d at 925 ). 2002Rather, “the bedrock is still the common law agency test of the right to control the manner and means of performance.” Id. | 3 | 8 |
Higgins v. Missouri Division of Employment Securitygreen2 sentences2013In Higgins , the court applied the common law agency test and the IRS twenty-factor test to affirm the Labor and Industrial Relations Commission’s finding that a taxicab driver was an employee and not an independent contractor for the purposes of the Missouri unemployment laws. 167 S.W.3d at 284 . 2009“The ‘bedrock’ of determining the employment relationship remains the common law agency test of the right to control the manner and means of performance.” Higgins, 167 S.W.3d at 283 (internal quotation omitted). “[I]t is not necessary that the employer actually direct and control the manner in which services are performed; it is sufficient if he or she has the right to do so.” Id. at 287 (internal quotation omitted). | 1 | 2 |
Edward Lowe Industries, Inc. v. Missouri Division of Employment Securitygreen1 sentence1999Edward Lowe, 865 S.W.2d at 863 (Mo.App.1993). “[T]he bedrock is still the common law agency test of the right to control the manner and means of performance.” Travelers Equities, 927 S.W.2d at 925 (citations therein omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fritts v. Division of Employment Security
green
2 sentences2014“No one factor is dispositive.” Id. “„[T]he bedrock is still the common law agency test of the right to control the manner and means of performance.‟” Id. (quoting Travelers Equities Sales, Inc., 927 S.W.2d at 925 ). 2014“No one factor is dispositive.” Id. “„[T]he bedrock is still the common law agency test of the right to control the manner and means of performance.‟” Id. (quoting Travelers Equities Sales, Inc., 927 S.W.2d at 925 ). | 1 | 2014–2014 |
Ascoli v. Hinck
green
1 sentence2009“This determination typically turns on the individual facts of each case.” Ascoli, 256 S.W.3d at 594 . | 1 | 2009–2009 |
Stover Delivery System, Inc. v. Division of Employment Security
green
1 sentence2001Stover, 11 S.W.3d at 696 . | 1 | 2001–2001 |
Fritts v. Williams
green
1 sentence1999As noted above, the Southern District recently decided the case of Fritts v. Williams, 992 S.W.2d 375 , involving Appellants and one of the plumbers, Williams, individually. | 1 | 1999–1999 |
Community for Creative Non-Violence v. Reid
green
2 sentences1996Of the twelve factors listed by the United States Supreme Court in Reid, 490 U.S. at 752 , 109 S.Ct. at 2179 , the majority support a conclusion of independent contractor status, while four (the duration of the relationship, the right to assign, the regular business of the hiring party, and the fact that the hiring party is in business) are consistent with the status of employment. 2 However, some factors are of greater weight than others, and the bedrock is still the common law agency test of the right to control the manner and means of performance. 1996Of the twelve factors listed by the United States Supreme Court in Reid, 490 U.S. at 752 , 109 S.Ct. at 2179 , the majority support a conclusion of independent contractor status, while four (the duration of the relationship, the right to assign, the regular business of the hiring party, and the fact that the hiring party is in business) are consistent with the status of employment. 2 However, some factors are of greater weight than others, and the bedrock is still the common law agency test of the right to control the manner and means of performance. | 1 | 1996–1996 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.