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· 3/3/1992

Oestman v. National Farmers Union Insurance Co.

Citations

  • 958 F.2d 303
  • 1992 U.S. App. LEXIS 3427
  • 58 Empl. Prac. Dec. (CCH) 41,329
  • 58 Fair Empl. Prac. Cas. (BNA) 426

How courts have described this case

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

  • stating that requiring insurance agent to submit advertisements for pre-approval is not necessarily indicative of employee status because company has “substantial interest” in advertising reflecting company standards, even if advertisement issued by independent contractor
  • affirming district court’s conclusion that it lacked subject matter jurisdiction over ADEA claim brought by independent contractor
  • fact that appellees did not withhold taxes from appellant’s pay and did not pay social security taxes for him supported finding that appellant was an independent contractor
  • fact that appellant’s performance was “subject to virtually no restrictions” supported finding on summary judgment that he was an independent contractor and not an employee under ADEA; appellant set his own working hours and was generally free to work as he chose
  • parties’ agreements indicated intent to create independent contractor relationship

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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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.