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· 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 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.