Avanti Press, Inc. v. Employment Department Tax Section

Avanti Press v. Employment Department: Independent Contractor Classification

This case involved a dispute over whether Andrea Waiau should be classified as an employee or independent contractor while working for Avanti Press, Inc. The Oregon Employment Department had determined that Waiau was an employee, which meant Avanti Press owed unemployment taxes for her work. The company disagreed and challenged this decision.

An administrative law judge (ALJ) initially sided with the Employment Department, ruling that Waiau was indeed an employee subject to unemployment tax requirements. However, Avanti Press appealed this decision to a higher court.

The appeals court reversed the ALJ's decision and sent the case back for reconsideration. The court found that the ALJ had incorrectly applied Oregon's legal test for determining worker classification. Specifically, the judge misunderstood the "direction and control" standard, which examines how much control an employer has over how work gets done.

What this means for workers: This ruling highlights the ongoing complexity around worker classification in Oregon. Whether you're classified as an employee or independent contractor affects your eligibility for unemployment benefits, workers' compensation, and other protections. Workers should understand that courts examine the actual working relationship, particularly how much control the employer exercises over their work methods and schedule.