Affirming trial court’s SJO finding appellant independent contractor in action for damages and unpaid wages

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Appellant-Plaintiff George Snell appeals the trial court’s order granting summary judgment in favor of Defendants-Appellees, C.J. Jenkins Enterprises, Inc. and Charles D. Jenkins (“Jenkins”) in his action for damages and unpaid wages against Jenkins under Indiana’s wage statutes. Upon appeal, Snell claims that the trial court erred in determining he was not Jenkins’s employee and granting summary judgment to Jenkins on that basis.
Conclusion (slip op. at 8):  We conclude Snell was an independent contractor rather than Jenkins’s employee and therefore affirm the trial court’s summary judgment in favor of Jenkins.
Key Analysis (slip op. at 4, 8):  For purposes of determining whether an individual’s status is that of an employee or an independent contractor . . . we apply the ten-factor approach described in the Restatement (Second) of Agency § 220 (1958) . . .  Given [these] factors, which largely weigh in favor of Snell’s status as an independent contractor, and in particular consideration of the leading factor of control, which also points to the conclusion that he was an independent contractor, we conclude Snell was an independent contractor.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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