· 3/7/1983
Perry Hickey v. Arkla Industries, Inc. And Arkansas Louisiana Gas Company
Citations
- 699 F.2d 748
- 69 A.L.R. Fed. 692
- 1983 U.S. App. LEXIS 29890
- 31 Empl. Prac. Dec. (CCH) 33,415
- 31 Fair Empl. Prac. Cas. (BNA) 238
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that the plaintiff, a gas-products salesman, could sell competitors’ products and concluding that he was an independent contractor
- finding plaintiff-salesman to have significant initiative in advertising, marketing, and choice of products to sell
- applying the \economic reality\ test in the ADEA context while noting \the test cannot be rigidly applied\ and \[i]t is impossible to assign to each of these factors a specific and invariably applied weight\
- the ADEA does not protect independent contractors because they are not employees
- ”With respect to the permanency of his relationship with Arkla, Hickey, notwithstanding his tenure of ten years, was capable of terminating relations with Arkla upon 30 days’ notice and taking his business organization and talents to other manufacturers of similar or different products.
- where worker had retained his position for ten years
Source: CourtListener parenthetical corpus (CC0).
Judges: Gee, Garwood, Jolly
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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