LIRC Review – Independent Contractor

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WI Court of Appeals – District I

Case Name: Varsity Tutors LLC, v. Labor & Industry Review Commission, et al.

Case No.: 2018AP1951

Officials: Brash, P.J., Kessler and Dugan, JJ.

Focus: LIRC Review – Independent Contractor

The Wisconsin Labor and Industry Review Commission (LIRC) appeals the trial court’s order reversing LIRC’s determination that Holland Galante was an employee of Varsity Tutors LLC (Varsity), an online business that connects tutors with students. The trial court concluded that Varsity proved the minimum six out of the nine statutory conditions necessary to establish that Galante was an independent contractor—not an employee—pursuant to WIS. STAT. § 108.02(12)(bm)2.

On appeal, LIRC argues that Varsity failed to prove that Galante was an independent contractor because Varsity only proved two of the statutory conditions. Therefore, LIRC asserts we should affirm its determination that Galante is an employee of Varsity. We are not persuaded. We agree with the trial court’s conclusion that Varsity proved at least six out of the nine statutory conditions necessary to establish that Galante was an independent contractor. Therefore, we affirm the trial court’s decision.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.