'Magnificent Circularity' and the Churkendoose: LLC Members and Federal Employment Law
112 Pages Posted: 30 Oct 2010
Date Written: 1997
This article seeks to explain under what circumstances federal employment statutes should apply to LLC members. Part I recounts the advent of LLCs and describes the essential characteristics of LLCs and their members. Part II explores how federal employment case law handles the employee vel non question and explains the problems in using that case law to determine whether LLC members are "employees" for federal employment law purposes. Part Ill attempts to make sense of that case law and proposes a rule for determining when a business owner can provide services to the business without becoming an "employee." Part IV applies the proposed rule to LLC members and provides a number of examples.
Keywords: Employment Law, Limited Liability Companies, partnerships, corporations
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