In recent months, one of the emerging issues within employment law has centered on whether groups of workers are employees or independent contractors. Recent cases from Georgia have focused on whether exotic dancers are independent contractors or employees of the clubs where they dance, with the dancers achieving a favorable ruling in at least one instance. A group of freelance stagehands obtained a less successful outcome recently, with the 11th Circuit Court of Appeals deciding that they were not employees of a referral service.
The referral agency, Crew One Productions, Inc., provided workers for live events in Atlanta and surrounding areas. The stagehands referred by Crew One worked a variety of events, ranging from concerts and sporting events to plays, trade shows, and graduations. Crew One would contract with the event planner for a number of stagehands and a specific hourly rate of pay. Crew One, which maintained a database of stagehands willing to consider taking assignments from the agency, would contact members of its database and obtain a number of available workers matching the number the event planner needed.