“Insurance and Liability Issues in Our New Gig Economy"

In an article published on Nov. 10, 2023, in the Daily Report, Graham Davis and Benjamin Yancey offered insight on the working arrangements between gig economy entities and independent contractors, which can vary from one business to another but typically begin with an agreement explicitly identifying the gig worker as an independent contractor.

“Under longstanding Georgia law, the true test to be applied in determining whether the relationship of the parties under a contract for the performance of labor is that of employer and employee, or employer and independent contractor, lies in whether the contract gives, or the employer assumes, the right to control the time, manner and method of executing the work, as distinguished from the right merely to require certain definite results in conformity to the contract.” Davis and Yancey explained.

They further discuss the terms and conditions of many gig entities, as well as the various similar cases and examples where trial courts have recently addressed this issue in Georgia.

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