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9 Vermont opinions name it 1 courts 1981–2018 0 in the last five years
The cases below were cited by Vermont 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 |
|---|---|---|
Fleece on Earth v. Dept. of Employment and Traininggreen2 sentences2018Fleece on Earth , 2007 VT 29 , ¶ 11, 181 Vt. 458 , 923 A.2d 594 ("[T]he control or direction element of the statutory ABC test is not the same as the common law 'control' test for independent contractors."). 2018Fleece on Earth , 2007 VT 29 , ¶ 11, 181 Vt. 458 , 923 A.2d 594 ("[T]he control or direction element of the statutory ABC test is not the same as the common law 'control' test for independent contractors."). | 2 | 4 |
State v. Stevensgreen2 sentences2007To rebut this pi'esumption, and avoid responsibility for unemployment compensation assessments, an employer must prove that its workers meet all three elements of the statutory exception commonly known as the ABC test. 21 V.S.A. § 1301 (6)(B); State v. Stevens, 116 Vt. 394, 398 , 77 A.2d 844, 847 (1951). 2007To rebut this pi'esumption, and avoid responsibility for unemployment compensation assessments, an employer must prove that its workers meet all three elements of the statutory exception commonly known as the ABC test. 21 V.S.A. § 1301 (6)(B); State v. Stevens, 116 Vt. 394, 398 , 77 A.2d 844, 847 (1951). | 2 | 3 |
Brigham's Casegreen2 sentences2007That is not to say, however, that what is commonly termed an employer-employee relationship, or what used to be called a “master-servant” relationship at common law, is not also the basic component of part A of the ABC test. 3 Considering the same language as that in Vermont’s part A, the Massachusetts Supreme Judicial Court explained in Athol Daily News v. Board of Review of Division of Employment & Training that “[t]his provision generally was construed according to the common-law analysis of master and servant relationship.” 786 N.E.2d 365, 371 (Mass. 2003) (citing Brigham’s Case, 202 N.E.2 2007That is not to say, however, that what is commonly termed an employer-employee relationship, or what used to be called a “master-servant” relationship at common law, is not also the basic component of part A of the ABC test. 3 Considering the same language as that in Vermont’s part A, the Massachusetts Supreme Judicial Court explained in Athol Daily News v. Board of Review of Division of Employment & Training that “[t]his provision generally was construed according to the common-law analysis of master and servant relationship.” 786 N.E.2d 365, 371 (Mass. 2003) (citing Brigham’s Case, 202 N.E.2 | 2 | 2 |
Athol Daily News v. Board of Review of the Division of Employment & Traininggreen2 sentences2007That is not to say, however, that what is commonly termed an employer-employee relationship, or what used to be called a “master-servant” relationship at common law, is not also the basic component of part A of the ABC test. 3 Considering the same language as that in Vermont’s part A, the Massachusetts Supreme Judicial Court explained in Athol Daily News v. Board of Review of Division of Employment & Training that “[t]his provision generally was construed according to the common-law analysis of master and servant relationship.” 786 N.E.2d 365, 371 (Mass. 2003) (citing Brigham’s Case, 202 N.E.2 2007That is not to say, however, that what is commonly termed an employer-employee relationship, or what used to be called a “master-servant” relationship at common law, is not also the basic component of part A of the ABC test. 3 Considering the same language as that in Vermont’s part A, the Massachusetts Supreme Judicial Court explained in Athol Daily News v. Board of Review of Division of Employment & Training that “[t]his provision generally was construed according to the common-law analysis of master and servant relationship.” 786 N.E.2d 365, 371 (Mass. 2003) (citing Brigham’s Case, 202 N.E.2 | 2 | 2 |
State v. Tierneygreen2 sentences2007See State v. Tierney, 138 Vt. 163, 165 , 412 A.2d 298, 299 (1980) (“In construing a statute, this Court considers it as a whole, and, if possible, gives effect to every word, clause and sentence.”). 2007See State v. Tierney, 138 Vt. 163, 165 , 412 A.2d 298, 299 (1980) (“In construing a statute, this Court considers it as a whole, and, if possible, gives effect to every word, clause and sentence.”). | 2 | 2 |
Carpet Exchange of Denver, Inc. v. Industrial Claim Appeals Office of the Stategreen2 sentences2007See Stevens, 116 Vt. at 400 , 77 A.2d at 848 (declining to reach part A, when employer failed to meet the criteria of parts B and C); Carpet Exch. of Denver, 859 P.2d at 281 (making this distinction clear when it states that “although the definition of employment under the ... 2007See Stevens, 116 Vt. at 400 , 77 A.2d at 848 (declining to reach part A, when employer failed to meet the criteria of parts B and C); Carpet Exch. of Denver, 859 P.2d at 281 (making this distinction clear when it states that “although the definition of employment under the ... | 2 | 2 |
Great Northern Construction, Inc. v. Department of Laborgreen2 sentences2017We agree with the Board that Bourbeau cannot show that any of the four workers meet the second prong of the ABC test-that the service provided is "outside the usual course of [Bourbeau's] business." When analyzing this part, we look at "the services performed within the usual course of [the employer's] business, not within the usual course of the 'business' of the person performing services." Great N. Constr. , 2016 VT 126 , ¶ 20 (quotation omitted). 2017We agree with the Board that Bourbeau cannot show that any of the four workers meet the second prong of the ABC test-that the service provided is "outside the usual course of [Bourbeau's] business." When analyzing this part, we look at "the services performed within the usual course of [the employer's] business, not within the usual course of the 'business' of the person performing services." Great N. Constr. , 2016 VT 126 , ¶ 20 (quotation omitted). | 1 | 2 |
Bluto v. Department of Employment Securitygreen2 sentences2016See Fleece on Earth , 2007 VT 29 , ¶ 7, 181 Vt. 458 , 923 A.2d 594 ; Bluto v. Dep't of Emp't Sec. , 135 Vt. 205 , 209, 373 A.2d 518 , 520-21 (1977) (reasoning that because "burden of proof rests with the employer" under § 1301(6)(B), and because employer bears burden of showing worker satisfies ABC test, failure to produce "credible or reasonable evidence during the proceedings [before Board]" results in employee designation). ¶ 15. 2016See Fleece on Earth , 2007 VT 29 , ¶ 7, 181 Vt. 458 , 923 A.2d 594 ; Bluto v. Dep't of Emp't Sec. , 135 Vt. 205 , 209, 373 A.2d 518 , 520-21 (1977) (reasoning that because "burden of proof rests with the employer" under § 1301(6)(B), and because employer bears burden of showing worker satisfies ABC test, failure to produce "credible or reasonable evidence during the proceedings [before Board]" results in employee designation). ¶ 15. | 1 | 2 |
863 To Go, Inc. v. Department of Laborgreen2 sentences2016See 863 To Go, Inc. v. Dep't of Labor , 2014 VT 61 , ¶¶ 9, 18, 196 Vt. 551 , 99 A.3d 629 . ¶ 3. 2016See 863 To Go, Inc. v. Dep't of Labor , 2014 VT 61 , ¶¶ 9, 18, 196 Vt. 551 , 99 A.3d 629 . ¶ 3. | 1 | 1 |
In re Programmatic Changes to the Standard-Offer Programgreen2 sentences2016See Fleece on Earth , 2014 VT 29 , ¶¶ 7, 27, 196 Vt. 175 , 95 A.3d 999 ; Bluto , 135 Vt. at 208 -09 , 373 A.2d at 520 -21 . 2016See Fleece on Earth , 2014 VT 29 , ¶¶ 7, 27, 196 Vt. 175 , 95 A.3d 999 ; Bluto , 135 Vt. at 208 -09 , 373 A.2d at 520 -21 . | 1 | 1 |
Burchesky v. Department of Employment & Traininggreen2 sentences2002We need not endorse plaintiff’s assertion that the “ABC test” customarily used to assess whether an employer is hable for unemployment compensation, see Burchesky v. Dep’t of Employment & Training, 154 Vt. 355, 360 , 577 A.2d 672, 674 (1989), should be applied to assess employer liability for workers’ compensation in order to note the anomaly of the State’s position in this case. 2002We need not endorse plaintiff’s assertion that the “ABC test” customarily used to assess whether an employer is hable for unemployment compensation, see Burchesky v. Dep’t of Employment & Training, 154 Vt. 355, 360 , 577 A.2d 672, 674 (1989), should be applied to assess employer liability for workers’ compensation in order to note the anomaly of the State’s position in this case. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Vermont Institute of Community Involvement, Inc. v. Department of Employment Security
green
2 sentences2007Id. 2007Id. | 2 | 2007–2007 |
Times-Argus Ass'n v. Department of Employment & Training
green
2 sentences2007We noted the lack of any evidence to support the employer’s assertion that the delivery or distribution of its newspapers was outside the usual course of its business, part B of the ABC test, and affirmed the Board’s conclusion that “there [was] no question but that [employer’s] business [was] the publication, circulation and distribution of a newspaper.” Id. 2007We noted the lack of any evidence to support the employer’s assertion that the delivery or distribution of its newspapers was outside the usual course of its business, part B of the ABC test, and affirmed the Board’s conclusion that “there [was] no question but that [employer’s] business [was] the publication, circulation and distribution of a newspaper.” Id. | 2 | 2007–2007 |
RLI Insurance v. Agency of Transportation
green
1 sentence2018RLI Ins., 171 Vt. at 554, 762 A.2d at 477 . | 1 | 2018–2018 |
Joseph L. LeClair v. Hector LeClair
green
2 sentences2018However, "[w]e have consistently held that the statutory definition [of employer in that context] is broader than the common law definition." LeClair , 2017 VT 34 , ¶ 42, --- Vt. ----, 169 A.3d 743 ; see Great N. Constr., Inc. v. Dep't of Labor , 2016 VT 126 , ¶ 14, 204 Vt. 1 , 161 A.3d 1207 ("Vermont's statutory definition of employment is broader than the common law master and servant relation, and it encompasses many relationships outside of the common law concepts." (quotations omitted) ); see Fleece on Earth v. Dep't of Emp't & Training , 2007 VT 29 , ¶ 11, 181 Vt. 458 , 923 A.2d 594 (sta 2018However, "[w]e have consistently held that the statutory definition [of employer in that context] is broader than the common law definition." LeClair , 2017 VT 34 , ¶ 42, --- Vt. ----, 169 A.3d 743 ; see Great N. Constr., Inc. v. Dep't of Labor , 2016 VT 126 , ¶ 14, 204 Vt. 1 , 161 A.3d 1207 ("Vermont's statutory definition of employment is broader than the common law master and servant relation, and it encompasses many relationships outside of the common law concepts." (quotations omitted) ); see Fleece on Earth v. Dep't of Emp't & Training , 2007 VT 29 , ¶ 11, 181 Vt. 458 , 923 A.2d 594 (sta | 1 | 2018–2018 |
Carpet Remnant Warehouse, Inc. v. New Jersey Department of Labor
green
2 sentences2016Dep't of Labor , 125 N.J. 567 , 593 A.2d 1177 , 1184 (1991) (reviewing history of unemployment legislation in United States and observing that "[t]he vast majority" of states "adopted some form of the ABC test" and "[a] majority of states continue to use [it]"). 2016Dep't of Labor , 125 N.J. 567 , 593 A.2d 1177 , 1184 (1991) (reviewing history of unemployment legislation in United States and observing that "[t]he vast majority" of states "adopted some form of the ABC test" and "[a] majority of states continue to use [it]"). | 1 | 2016–2016 |
Gerber Dental Center Corp. v. Maine Unemployment Insurance Commission
green
1 sentence2016Id. | 1 | 2016–2016 |
Vermont Securities, Inc. v. Vermont Unemployment Compensation Commission
green
2 sentences1981See Bluto, supra, 135 Vt. at 209 , 373 A.2d at 521 ; In re Bargain Busters, Inc., supra, 130 Vt. at 119 , 287 A.2d at 559 ; Vermont Securities, Inc., supra, 118 Vt. at 201 , 104 A.2d at 917 . 1981See Bluto, supra, 135 Vt. at 209 , 373 A.2d at 521 ; In re Bargain Busters, Inc., supra, 130 Vt. at 119 , 287 A.2d at 559 ; Vermont Securities, Inc., supra, 118 Vt. at 201 , 104 A.2d at 917 . | 1 | 1981–1981 |
In Re Bargain Busters, Inc.
green
2 sentences1981See Bluto, supra, 135 Vt. at 209 , 373 A.2d at 521 ; In re Bargain Busters, Inc., supra, 130 Vt. at 119 , 287 A.2d at 559 ; Vermont Securities, Inc., supra, 118 Vt. at 201 , 104 A.2d at 917 . 1981See Bluto, supra, 135 Vt. at 209 , 373 A.2d at 521 ; In re Bargain Busters, Inc., supra, 130 Vt. at 119 , 287 A.2d at 559 ; Vermont Securities, Inc., supra, 118 Vt. at 201 , 104 A.2d at 917 . | 1 | 1981–1981 |
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.