Employment Law-Solon v. Kaplan: The Element of Control Is Paramount To Differentiating Between Employers and Employees

In Solon v Kaplan, the Seventh Circuit Court of Appeals discarded its prior method for determining an individual's employment status and applied the six-factor analysis to a claimant case. Here, Scott comments on the Solon court's application of the Clackamas test, the court's lack of...

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Bibliographic Details
Published inThe University of Memphis law review Vol. 36; no. 1; p. 217
Main Author Scott, Wes
Format Journal Article
LanguageEnglish
Published Memphis University of Memphis 01.10.2005
Subjects
Affirmative action
Court decisions
Courts of appeals
Employment discrimination
Labor law
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Summary:In Solon v Kaplan, the Seventh Circuit Court of Appeals discarded its prior method for determining an individual's employment status and applied the six-factor analysis to a claimant case. Here, Scott comments on the Solon court's application of the Clackamas test, the court's lack of guidance and clarity in its employment of the test, and the resultant concerns and confusion that future litigants may encounter. He remarks that the court's analysis failed to address the significance of the factual findings in relation to one another and to the Clackamas factors.
ISSN:1080-8582