The distinction between an employee and an independent contractor for purposes of vicarious liability is increasingly being called into question by the courts.

Question

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With the rise of the gig economy and the increasing number of workers classified as independent contractors, courts are reevaluating the traditional tests used to determine employee status for vicarious liability purposes. This has led to a more flexible approach that focuses on the level of control the employer exerts over the worker, rather than just the labels used by the parties.

The Distinction Between an Employee and an Independent Contractor for Purposes