Ryan Vacca on the Legal Definition of an Employee
In this episode, Ryan Vacca, Professor of Law at the University of New Hampshire Franklin Pierce School of Law, discusses his article "Uncertainty in Employee Status Across Federal Law," which will be published in the Temple Law Review. Vacca begin by explaining the origins of the distinction between employees and independent contractors, and why it was created. He discusses the historical development of the distinction, observing courts initially interpreted federal statutes regulating employment in light of the purpose of the statute, but Congress amended the statutes to require a "common law" interpretation of employee status, weighing many different factors. He discusses his empirical study of how courts have applied the common law test in many different contexts, and reflects on what it can tell us about the policy questions at issue. Vacca is on Twitter at @RyanVacca.