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· 2/29/2012

Avanti Press, Inc. v. Employment Department Tax Section

Citations

  • 274 P.3d 190
  • 248 Or. App. 450
  • 2012 WL 753210
  • 2012 Ore. App. LEXIS 205

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a saleswoman was an independent contractor where she “set her own work schedule and decided how frequently to visit customers”
  • addressing interpretation and application of ORS 670.600 and the administrative rules relating to the “direction and control” test as legal questions, not fact questions that are reviewed only for substantial evidence
  • “We are not persuaded, however, that the right to fire is dispositive in this case.”
  • ‘[T]he right to control test *** has never required that an “independent contractor” be free from all direction and control.’ (Emphasis in original.)
  • “[T]he right to control test * * * has never required that an ‘independent contractor’ be free from all direction and control.” (Emphasis in original.)
  • “The statutory criteria are conjunctive; a person is not considered an ‘independent contractor’ unless each is met”

Source: CourtListener parenthetical corpus (CC0).

Judges: Schuman, Wollheim, Nakamoto

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.