314 Ga. App. 377
Ga. Ct. App.2012Background
- Ra-Lin and Associates formed Sky King to provide air transportation for executives.
- David Rogers, Ra-Lin employee, ran Sky King’s flight department and trained the co-pilot.</s>
- Anduze was used as a co-pilot on an as-needed basis and could accept or reject flights.
- Sky King paid Anduze $150 per day plus travel expenses.
- DOL determined Sky King liable for unemployment taxes; ALJ upheld; superior court affirmed; Sky King appealed.
- Court concludes Anduze was not an employee under OCGA § 34-8-35(f)(1) and reverses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Anduze was an employee under OCGA § 34-8-35(f)(1). | Sky King argues lack of control exempts from employee status. | Thurmond argues standard requires control for employee status. | Not an employee; Sky King exempted; judgment reversed. |
Key Cases Cited
- Sarah Coventry, Inc. v. Caldwell, 243 Ga. 429 (1979) (test for absence of control under OCGA § 34-8-35(f)(1)(A))
- Vocational Placement Svcs. v. Caldwell, 168 Ga. App. 198 (1983) (factors showing freedom from control or direction)
- Moore v. Williams, 95 Ga.App. 309 (1957) (employer control/supervision indicators)
- Tanner v. Brooks, 190 Ga.App. 228 (1989) (burden on employer to prove exemption from employment definition)
- Davane v. Thurmond, 300 Ga.App. 474 (2009) (standard of review for administrative decisions)