On Wednesday, March 6, 2019, the AARP and AARP Foundation filed an amicus brief urging the Sixth Circuit to rehear the case of Jammal, et al v. American Family Insurance Co. et al.
In its brief, the retiree advocacy group expressed concern that the court’s January 29th 2-1 decision could have negative consequences for agents.
“The panel opinion would permit companies to reap the benefits of imposing control over workers like that imposed on their recognized employees, while denying such workers the benefits of being classified as employees,” the AARP wrote.
The AARP argued that the panel placed too much emphasis on factors like the agent contracts which classified workers as independent contractors, a precedent which could have serious consequences for employees across numerous industries.
“The panel’s ruling is likely to motivate employers to insist that workers sign a contract stating that they are independent contractors and then to treat them like employees,” AARP wrote.
The AARP concluded its argument by requesting that the court vacate the panel’s decision and grant the Plaintiffs’ petition for rehearing en banc.
The AARP is the nation’s largest nonprofit, nonpartisan organization dedicated to empowering Americans 50 and older to choose how they live as they age. With nearly 38 million members and offices in every state, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, AARP works to strengthen communities and advocate for what matters most to families, with a focus on health security, financial stability, and personal fulfillment.
Law 360 subscribers can view the AARP Brief of Amici Curiae here.