right to control test (Washington) · Go Syfert
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right to control test in Washington

7 Washington opinions name it 2 courts 2012–2024 3 in the last five years

The cases below were cited by Washington 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
Anfinson v. FedEx Ground Package System, Inc.green
wash · 2012 · cited in 1 Washington opinions naming this issue, 2023–2023
2 sentences

2023Anfinson, 174 Wn.2d at 870 (“The economic-dependence test provides broader coverage than does the right-to-control test.

2023Anfinson, 174 Wn.2d at 870 (“The economic-dependence test provides broader coverage than does the right-to-control test.

11
Walling v. Portland Terminal Co.green
scotus · 1947 · cited in 1 Washington opinions naming this issue, 2012–2012
2 sentences

2012See Walling, 330 U.S. at 150-51 .

2012See Walling, 330 U.S. at 150-51 .

11
Schultz v. Capital International Security, Inc.green
ca4 · 2006 · cited in 1 Washington opinions naming this issue, 2012–2012
2 sentences

2012This disfavors the use of the right-to-control test in determining whether a worker is an employee under the MWA. ¶35 In sum, we hold that the definition of “employee” in RCW 49.46.010(3) incorporates the economic-dependence test developed by the federal courts in interpreting the FLSA. 3 The relevant inquiry is “whether, as a matter of economic reality, the worker is economically dependent upon the alleged employer or is instead in business for himself.”Hopkins, 545 F.3d at 343 ; see also Schultz, 466 F.3d at 304 ; Brock v. Superior Care, Inc., 840 F.2d 1054, 1059 (2d Cir. 1988).

2012This disfavors the use of the right-to-control test in determining whether a worker is an employee under the MWA. ¶35 In sum, we hold that the definition of “employee” in RCW 49.46.010(3) incorporates the economic-dependence test developed by the federal courts in interpreting the FLSA. 3 The relevant inquiry is “whether, as a matter of economic reality, the worker is economically dependent upon the alleged employer or is instead in business for himself.”Hopkins, 545 F.3d at 343 ; see also Schultz, 466 F.3d at 304 ; Brock v. Superior Care, Inc., 840 F.2d 1054, 1059 (2d Cir. 1988).

11
Brock v. Superior Care, Inc.green
ca2 · 1988 · cited in 1 Washington opinions naming this issue, 2012–2012
2 sentences

2012This disfavors the use of the right-to-control test in determining whether a worker is an employee under the MWA. ¶35 In sum, we hold that the definition of “employee” in RCW 49.46.010(3) incorporates the economic-dependence test developed by the federal courts in interpreting the FLSA. 3 The relevant inquiry is “whether, as a matter of economic reality, the worker is economically dependent upon the alleged employer or is instead in business for himself.”Hopkins, 545 F.3d at 343 ; see also Schultz, 466 F.3d at 304 ; Brock v. Superior Care, Inc., 840 F.2d 1054, 1059 (2d Cir. 1988).

2012This disfavors the use of the right-to-control test in determining whether a worker is an employee under the MWA. ¶35 In sum, we hold that the definition of “employee” in RCW 49.46.010(3) incorporates the economic-dependence test developed by the federal courts in interpreting the FLSA. 3 The relevant inquiry is “whether, as a matter of economic reality, the worker is economically dependent upon the alleged employer or is instead in business for himself.”Hopkins, 545 F.3d at 343 ; see also Schultz, 466 F.3d at 304 ; Brock v. Superior Care, Inc., 840 F.2d 1054, 1059 (2d Cir. 1988).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Larner v. TORGERSON CORPORATION green
wash · 1980
2 sentences

2013Larner v. Torgerson, 93 Wn.2d 801, 804-05 , 613 P.2d 780 (1980).

2013Larner v. Torgerson, 93 Wn.2d 801, 804-05 , 613 P.2d 780 (1980).

22013–2013
Chicago Title Insurance v. Office of the Insurance Commissioner green
wash · 2013
1 sentence

2024Id.

12024–2024
Adamski v. Tacoma General Hospital green
washctapp · 1978
1 sentence

2023We noted that applying the traditional right to control test to this relationship “usually leads to unrealistic and unsatisfactory results, at least from the standpoint of the injured patient.” Id. at 105 .

12023–2023
State v. Lynch green
wash · 2013
1 sentence

2014The defendant objected to the State' s proposed instruction on the affirmative defense of consent " on the grounds that he had the right to control his defense and because he did not want to bear the burden of proving consent." Lynch, 178 Wn.2d at 490 .

12014–2014
Hopkins v. Cornerstone America green
ca5 · 2008
2 sentences

2012This disfavors the use of the right-to-control test in determining whether a worker is an employee under the MWA. ¶35 In sum, we hold that the definition of “employee” in RCW 49.46.010(3) incorporates the economic-dependence test developed by the federal courts in interpreting the FLSA. 3 The relevant inquiry is “whether, as a matter of economic reality, the worker is economically dependent upon the alleged employer or is instead in business for himself.”Hopkins, 545 F.3d at 343 ; see also Schultz, 466 F.3d at 304 ; Brock v. Superior Care, Inc., 840 F.2d 1054, 1059 (2d Cir. 1988).

2012This disfavors the use of the right-to-control test in determining whether a worker is an employee under the MWA. ¶35 In sum, we hold that the definition of “employee” in RCW 49.46.010(3) incorporates the economic-dependence test developed by the federal courts in interpreting the FLSA. 3 The relevant inquiry is “whether, as a matter of economic reality, the worker is economically dependent upon the alleged employer or is instead in business for himself.”Hopkins, 545 F.3d at 343 ; see also Schultz, 466 F.3d at 304 ; Brock v. Superior Care, Inc., 840 F.2d 1054, 1059 (2d Cir. 1988).

12012–2012
United States v. Rosenwasser green
scotus · 1945
2 sentences

2012By contrast, minimum wage laws have a remedial purpose of protecting against “ ‘the evils and dangers resulting from wages too low to buy the bare necessities of life and from long hours of work injurious to health,’ ” United States v. Rosenwasser, 323 U.S. 360, 361 , 65 S. Ct. 295 , 89 L.

2012By contrast, minimum wage laws have a remedial purpose of protecting against “ ‘the evils and dangers resulting from wages too low to buy the bare necessities of life and from long hours of work injurious to health,’ ” United States v. Rosenwasser, 323 U.S. 360, 361 , 65 S. Ct. 295 , 89 L.

12012–2012
Arkison v. Ethan Allen, Inc. green
wash · 2007
1 sentence

2012We disagree. ¶14 “ ‘Judicial estoppel is an equitable doctrine that precludes a party from asserting one position in a court proceeding and later seeking an advantage by taking a clearly inconsistent position.’ ” Arkison, 160 Wn.2d at 538 (quoting Bartley-Williams v. Kendall, 134 Wn.

12012–2012
Bartley-Williams v. Kendall green
washctapp · 2006
1 sentence

2012We disagree. ¶14 “ ‘Judicial estoppel is an equitable doctrine that precludes a party from asserting one position in a court proceeding and later seeking an advantage by taking a clearly inconsistent position.’ ” Arkison, 160 Wn.2d at 538 (quoting Bartley-Williams v. Kendall, 134 Wn.

12012–2012

Where else courts name it

OR 23 (1980–2014) CA 23 (1999–2022) IL 16 (1976–2021) ID 15 (1983–2026) TX 14 (1960–2024) CT 11 (1997–2019) NM 9 (1995–2015) WI 8 (1986–2021) NJ 7 (1978–2021) WA 7 (2012–2024) VT 6 (2004–2025) OH 6 (1984–2023) UT 6 (1995–2022) SC 5 (2011–2023) AZ 5 (1986–2019) NY 5 (1981–2013) ND 4 (1967–1991) ME 4 (1985–2014) MO 3 (1992–2007) KS 3 (2009–2019) GA 2 (2013–2015) MA 2 (1996–2020) MD 2 (1997–1997) LA 2 (1995–2007) IA 2 (2025–2025) HI 2 (1998–2023)

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.

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