Snell v. C.J. Jenkins Enterprises, Inc.

881 N.E.2d 1088, 2008 Ind. App. LEXIS 444, 2008 WL 624114
CourtIndiana Court of Appeals
DecidedMarch 10, 2008
Docket49A02-0709-CV-792
StatusPublished
Cited by7 cases

This text of 881 N.E.2d 1088 (Snell v. C.J. Jenkins Enterprises, Inc.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Snell v. C.J. Jenkins Enterprises, Inc., 881 N.E.2d 1088, 2008 Ind. App. LEXIS 444, 2008 WL 624114 (Ind. Ct. App. 2008).

Opinion

*1090 OPINION

BRADFORD, Judge.

Appellant-Plaintiff George Snell appeals the trial court’s order granting summary judgment in favor of Defendants-Appel-lees, C.J. Jenkins Enterprises, Inc. and Charles D. Jenkins (“Jenkins”) in his action for damages and unpaid wages against Jenkins under Indiana’s wage statutes. Upon appeal, Snell claims that the trial court erred in determining he was not Jenkins’s employee and granting summary judgment to Jenkins on that basis. We affirm.

FACTS AND PROCEDURAL HISTORY

In 2002, Jenkins entered into a written agreement with Snell whereby Snell would deliver newspapers, and Jenkins would compensate him according to the number of newspapers he delivered. As part of the agreement, Snell assumed all risk of loss regarding his operational expenses, and he retained the right to perform similar services for others. The agreement specified that Snell was not an employee, that he had no benefits, and that he was responsible for tax obligations and other licenses and permits required by law.

The agreement, deemed a “Confidential Independent Contractor Agreement,” did not have an expiration date and provided that either party could terminate the agreement for any reason upon giving twenty-eight days’ advance written notice. The agreement further provided that if either party improperly terminated the agreement, the terminating party owed the other party $400 in liquidated damages.

The parties do not dispute that their agreement terminated in December 2005. Snell contends that Jenkins fired him. Jenkins contends that Snell called him on December 11, 2005, and reported that his last day would be December 25, 2005. Based upon his contention that Snell terminated the agreement orally and with fewer than twenty-eight days’ advance notice, Jenkins deducted $400 from Snell’s final paycheck.

On August 15, 2006, Snell filed a complaint against Jenkins under the Indiana Wage Payment Statute, Indiana Code section 22-2-5 (2006); the Indiana Wage Claims Statute, Indiana Code section 22-2-9 (2006); and the Indiana Wage Deduction Statute, Indiana Code section 22-2-6 (2006). On February 20, 2007, Snell moved for summary judgment. On August 10, 2007, the trial court denied Snell’s motion for summary judgment and entered summary judgment in favor of Jenkins. This appeal follows.

DISCUSSION AND DECISION

Summary judgment is proper if the evidence shows that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(C); St. Vincent Hosp. and Health Care Ctr., Inc. v. Steele, 766 N.E.2d 699, 702 (Ind.2002). On appeal, we construe all facts and reasonable inferences drawn from those facts in a light most favorable to the nonmoving party. St. Vincent, 766 N.E.2d at 702. “When any party has moved for summary judgment, the court may grant summary judgment for any other party upon the issues raised by the motion although no motion for summary judgment is filed by such party.” Ind. T.R. 56(B).

Both Indiana Code sections 22-2-5 and 22-2-9 govern wage disputes between employers and employees. See St. Vincent, 766 N.E.2d at 705. Indiana Code section 22-2-6 addresses the assignment of wages by employees. Cox v. SBC, 816 N.E.2d 481, 485 (Ind.Ct.App.2004), trans. denied. Snell does not dispute that in order to *1091 recover under any of the above wage statutes, he must qualify as an “employee.” None of the above wage statutes defines “employee.” See Mortgage Consultants, Inc. v. Mahaney, 655 N.E.2d 493, 495 (Ind.1995) (interpreting Indiana Code section 22-2-5). The term “employee” is a term of art with a distinct meaning at common law. Id. Because the above Indiana Code sections do not suggest different meanings than at common law, we interpret “employee” under those sections in accordance with the common-law conception of employees. See id.

As a general rule, an independent contractor controls the method and details of his task and is answerable to the principal as to results only. Detrick v. Midwest Pipe & Steel, Inc., 598 N.E.2d 1074, 1077 (Ind.Ct.App.1992). Whether one acts as an employee or an independent contractor is generally a question for the finder of fact. Moberly v. Day, 757 N.E.2d 1007, 1009 (Ind.2001). If the significant underlying facts are undisputed, however, the court may properly determine a worker’s classification as a matter of law. Id.

Both parties base their arguments upon the seven-factor test used by the Indiana Supreme Court in GKN Co. v. Magness, 744 N.E.2d 397, 403-03 (Ind.2001) for purposes of determining the existence of an employer-employee relationship. In Moberly, 757 N.E.2d at 1009-10 n. 3, the Indiana Supreme Court observed that this seven-factor test is better-suited for determining whether a person is an employee of two different employers, a common question in the Worker’s Compensation context. 1 For purposes of determining whether an individual’s status is that of an employee or an independent contractor, the Moberly court indicated that it would continue to apply the ten-factor approach described in the Restatement (Second) of Agency § 220 (1958). 757 N.E.2d at 1009-1010. Because the question at issue here is whether Snell was Jenkins’s employee or an independent contractor, we too will employ the ten-factor test pursuant to the Supreme Court’s direction in Moberly. These ten factors are as follows:

(a) the extent of control which, by the agreement, the master may exercise over the details of the work;
(b) whether or not the one employed is engaged in a distinct occupation or business;
(c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision;
(d) the skill required in the particular occupation;
(e) whether the employer or the workman supplies the instrumentalities, tools, and the place of work for the person doing the work;
(f) the length of time for which the person is employed;
(g) the method of payment, whether by the time or by the job;
(h) whether or not the work is a part of the regular business of the employer;
(i) whether or not the parties believe they are creating the relation of master and servant; and

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881 N.E.2d 1088, 2008 Ind. App. LEXIS 444, 2008 WL 624114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snell-v-cj-jenkins-enterprises-inc-indctapp-2008.