Hayes test (North Carolina) · Go Syfert
← North Carolina issues

Hayes test in North Carolina

9 North Carolina opinions name it 2 courts 1983–2017 0 in the last five years

The cases below were cited by North Carolina 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.

Followed or applied (4)

CaseFollowedCited
Youngblood v. North State Ford Truck Salesgreen
nc · 1988 · cited in 2 North Carolina opinions naming this issue, 2001–2005
2 sentences

2005Hughart also testified, without objection, that Boyd did not plan to return to his previous job but “had decided to stay with Dasco because he liked going out and doing in-home delivery better than he did . . . working in a warehouse.” In addition to the Hayes factors, our Supreme Court has held that “when valuable equipment is furnished to the worker, the relationship is almost invariably that of employer and employee.” Youngblood, 321 N.C. at 385 , 364 S.E.2d at 438 (citing 1C A. Larson, The Law of Workmen’s Compensation § 44.34(a)).

2005Hughart also testified, without objection, that Boyd did not plan to return to his previous job but “had decided to stay with Dasco because he liked going out and doing in-home delivery better than he did . . . working in a warehouse.” In addition to the Hayes factors, our Supreme Court has held that “when valuable equipment is furnished to the worker, the relationship is almost invariably that of employer and employee.” Youngblood, 321 N.C. at 385 , 364 S.E.2d at 438 (citing 1C A. Larson, The Law of Workmen’s Compensation § 44.34(a)).

12
Cooper v. Asheville Citizen-Times Publishing Co., Inc.green
nc · 1963 · cited in 1 North Carolina opinions naming this issue, 2004–2004
2 sentences

2004Cooper v. Publishing Co., 258 N.C. 578, 589 , 129 S.E.2d 107, 115 (1963).

2004Cooper v. Publishing Co., 258 N.C. 578, 589 , 129 S.E.2d 107, 115 (1963).

11
Advance Specialty Co. v. Smithgreen
va · 1947 · cited in 1 North Carolina opinions naming this issue, 1999–1999
2 sentences

1999Id. at 172, 502 *42 S.E.2d at 866.

1999Id. at 172, 502 *42 S.E.2d at 866.

11
Morse v. Curtisgreen
nc · 1970 · cited in 1 North Carolina opinions naming this issue, 1983–1983
2 sentences

1983See, e.g., Morse v. Curtis, 276 N.C. 371, 378 , 172 S.E. 2d 495, 500 (1970).

1983See, e.g., Morse v. Curtis, 276 N.C. 371, 378 , 172 S.E. 2d 495, 500 (1970).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Hayes v. . Elon College green
nc · 1944
2 sentences

2017Not all factors are required, and no one factor is controlling over *166 another; the Hayes factors "are considered along with all other circumstances to determine *369 whether in fact there exists in the one employed that degree of independence necessary to require his classification as independent contractor rather than employee." Id.

2017Not all factors are required, and no one factor is controlling over *166 another; the Hayes factors "are considered along with all other circumstances to determine *369 whether in fact there exists in the one employed that degree of independence necessary to require his classification as independent contractor rather than employee." Id.

32000–2017
Lucas v. Li'l General Stores green
nc · 1976
2 sentences

2017"The claimant has the burden of proof that the employer-employee relation existed at the time the injury by accident occurred." Lucas , 289 N.C. at 218 , 221 S.E.2d at 261 .

2017"The claimant has the burden of proof that the employer-employee relation existed at the time the injury by accident occurred." Lucas , 289 N.C. at 218 , 221 S.E.2d at 261 .

12017–2017
Gordon v. Garner green
ncctapp · 1997
2 sentences

1999Id. at 659-60, 493 S.E.2d at 63-64 .

1999Id. at 659-60, 493 S.E.2d at 63-64 .

11999–1999
State ex rel. Employment Security Commission v. Paris neutral
ncctapp · 1991
2 sentences

1995Id. at 473, 400 S.E.2d at 78-79 .

1995Id. at 473, 400 S.E.2d at 78-79 .

11995–1995

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 97-2 (3)

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.

Where else courts name it

WA 10 (1991–2026) NC 9 (1983–2017) CA 7 (1969–2013) AK 7 (1987–2020) LA 7 (1985–2025) OH 7 (2003–2025) KS 6 (2008–2025) KY 5 (2001–2025) TX 5 (2007–2023) GA 5 (2000–2022) FL 4 (2006–2026) MS 4 (2003–2015) AR 3 (1987–2020) IN 3 (1995–2018) NY 3 (2013–2024) SD 3 (2001–2017) PA 2 (1981–2018) ND 2 (2012–2012) MO 2 (1985–2019) AL 2 (1986–2013) NV 2 (2024–2024) ME 2 (2001–2014) IL 2 (2021–2022) NJ 2 (2020–2026) IA 2 (1986–2019) CT 2 (2006–2017) OR 2 (2000–2026)

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.

← Caselaw search · G Cite Topics · Brief Check