Wilkinson v. K-Mart

How courts have described this case

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

• holding that for purposes of the borrowed employee doctrine, “the determining factor is the actual conduct of the parties,” not how they classified the relationship in a contract
• explaining that reliance on a contractual provision to conclusively establish which party is the employer is “without merit”
• although contract indicated that logistics company lending drivers remained their employer, this was outweighed by the reality of the receiving company’s control over the drivers

Source: CourtListener parenthetical corpus (CC0).