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Ralph Nero's article on the distinction between employees and independent contractors is published in Mercer/CCH Guide for Employers

Mercer/CCH Guide for Employers
September 7, 2011


Ralph Nero practises in all areas of labour, employment and human rights law, with a particular focus on business transactions, workers' compensation and business immigration.

Excerpt


These decisions represent an expansion of the traditional definition of ''employee'' and blur the historical distinction between
employees and contractors. Employers can no longer rely on a bright line between the categories of employees and independent
contractors. Rather, the overall relationship will be taken into consideration by decision makers. Contractors who are economically
dependent on, and significantly controlled by, an employer may be entitled to unionize. Independent contractors may also be
considered employees for health and safety and other purposes.