“Recently, New York’s highest court, the Court of Appeals, ruled in Yoga Vida NYC Inc. v. Commissioner of Labor that non-staff yoga instructors are independent contractors and not employees.” writes Dustin Osborne, associate in the Workers’ Compensation practice group.

In his piece for Workers’ Compensation, Dustin highlights the differences between employees and contractors, focusing on the rapidly-growing yoga industry. He notes the difficulties of applying a multifactor “test” to determine employee classification, and points out that when these cases arise in court, they are fact-intensive and look closely at all paperwork involved in the employment contract. “Employers setting up small businesses that will have over five staff members should consult an attorney on the final drafts of their employment contracts and business models to ensure proper classification of their workers.”