Cited by
Opinions in Minnesota that cite Guhlke v. Roberts Truck Lines, 128 N.W.2d 324.
- Peggy Adegeye v. BB Home Healthcare, Relator, Department of Employment and Economic Development, ... Minn. Ct. App. 2024
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Peggy Adegeye v. BB Home Healthcare, Relator, Department of Employment and Economic Development, ...
Minn. Ct. App. 2024
Development, (); Minn. R. 3315.0555, subp.
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Patrick Takuanyi, Appellant,
Minn. Ct. App. 2019
The factors to be considered whe n distinguishing between an emp loyee and independent contractor are: “(1) [t]he right to control the me ans and manner of performance; (2) the mode of paym ent; (3) the furnishing of mat erial or tools; (4) the control of the premises where the work is done; and (5) the rig ht of the employer to discharge.”
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Sean Roulo, Relator,
Minn. Ct. App. 2017
(quoting Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143, ); see also Minn. R. 3315.0555, subp.
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John Doe 101, et al., Appellants,
Minn. Ct. App. 2017
The most important factor is “the right of the employer to control the means and manner of performance.” Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143, .
- John K. Hochstein, Relator v. Video Surveillance Solutions, Inc., Department of Employment and Economic Development Minn. Ct. App. 2015
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John K. Hochstein, Relator v. Video Surveillance Solutions, Inc., Department of Employment and Economic Development
Minn. Ct. App. 2015
Croix Sensory Inc., d at 800 (quoting Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143, ); see Minn. R. 3315.0555, subp.
- Monica Peterson v. A-Z Friendly Languages, Inc., Relator, Department of Employment and Economic Development Minn. Ct. App. 2014
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Monica Peterson v. A-Z Friendly Languages, Inc., Relator, Department of Employment and Economic Development
Minn. Ct. App. 2014
We consider the factors “in light of the nature of the work involved.” Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143, Minn. R. 3315.0555, subp.
- Skylark Opera, Relator v. Department of Employment and Economic Development Minn. Ct. App. 2014
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Skylark Opera, Relator v. Department of Employment and Economic Development
Minn. Ct. App. 2014
Croix Sensory, d at 800 (quoting Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143, ).
- St. Croix Sensory Inc. v. Department of Employment & Economic Development 785 N.W.2d 796 Minn. Ct. App. 2010
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St. Croix Sensory Inc. v. Department of Employment & Economic Development
785 N.W.2d 796
Minn. Ct. App. 2010
*800 Traditionally, five factors are used to determine whether a worker is an employee or an independent contractor: “(1) The right to control the means and manner of performance; (2) the mode of payment; (3) the furnishing of material or tools; (4) the control of the premises where the work is done; and (5) the right of the employer to discharge.” Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143
- Unzen v. City of Duluth 683 N.W.2d 875 Minn. Ct. App. 2004
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Unzen v. City of Duluth
683 N.W.2d 875
Minn. Ct. App. 2004
Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143
- Jenson v. Department of Economic Security 617 N.W.2d 627 Minn. Ct. App. 2000
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Jenson v. Department of Economic Security
617 N.W.2d 627
Minn. Ct. App. 2000
In determining whether the status is one of employee or independent contractor, the most important factor considered in light of the nature of the work involved is the right of the employer to control the means and manner of performance.” Speaks, Inc. v. Jensen, 309 Minn. 48, 50-51 , (quoting Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143 , ).
- Neve v. Austin Daily Herald 552 N.W.2d 45 Minn. Ct. App. 1996
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Neve v. Austin Daily Herald
552 N.W.2d 45
Minn. Ct. App. 1996
See Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143-47 , -28 (1964) (reversing administrative tribunal’s finding of employment relation because evidence, when viewed as whole, did not support that finding).
- Moore Associates, LLC v. Commissioner of Economic Security 545 N.W.2d 389 Minn. Ct. App. 1996
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Moore Associates, LLC v. Commissioner of Economic Security
545 N.W.2d 389
Minn. Ct. App. 1996
(quoting Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143 , ); see also Minn.R.
- Boily v. Commissioner of Economic Security 544 N.W.2d 295 Minn. 1996
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Boily v. Commissioner of Economic Security
544 N.W.2d 295
Minn. 1996
Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143
- Boily v. Commissioner of Economic Security 532 N.W.2d 607 Minn. Ct. App. 1995
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Boily v. Commissioner of Economic Security
532 N.W.2d 607
Minn. Ct. App. 1995
See also Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143 , listing factors to consider in deter *609 mining employee status).
- Peterson v. Colonial Insurance of California 493 N.W.2d 152 Minn. Ct. App. 1992
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Peterson v. Colonial Insurance of California
493 N.W.2d 152
Minn. Ct. App. 1992
Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143 , (citations omitted), quoted in Ossenfort v. Associated Milk Producers, Inc.
- Schweich v. Ziegler, Inc. 463 N.W.2d 722 Minn. 1990
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Schweich v. Ziegler, Inc.
463 N.W.2d 722
Minn. 1990
See Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143
- Lakeland Tool & Engineering, Inc. v. Engle 450 N.W.2d 349 Minn. Ct. App. 1990
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Lakeland Tool & Engineering, Inc. v. Engle
450 N.W.2d 349
Minn. Ct. App. 1990
at 50 , d at 144 , (quoting from Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143 , .)
- Nichols v. Metropolitan Bank 435 N.W.2d 637 Minn. Ct. App. 1989
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Nichols v. Metropolitan Bank
435 N.W.2d 637
Minn. Ct. App. 1989
The most important factor is the right of the employer “to control the means and manner of performance.” See Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143
- Lewis v. Commissioner of Jobs & Training 425 N.W.2d 309 Minn. Ct. App. 1988
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Lewis v. Commissioner of Jobs & Training
425 N.W.2d 309
Minn. Ct. App. 1988
Speaks, Inc. v. Jensen, 309 Minn. 48, 50 , (quoting Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143 , ).
- Klemetsen v. STENBERG CONST. CO., INC. 415 N.W.2d 887 Minn. Ct. App. 1987
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Klemetsen v. STENBERG CONST. CO., INC.
415 N.W.2d 887
Minn. Ct. App. 1987
Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143
- Streiff v. Lungren 393 N.W.2d 408 Minn. Ct. App. 1986
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Streiff v. Lungren
393 N.W.2d 408
Minn. Ct. App. 1986
ANALYSIS In Guhlke v. Roberts Truck Lines, 268 Minn. 141 , the supreme court listed the factors to be applied in determining whether an employment relationship exists.
- Carey v. Coty Construction 392 N.W.2d 746 Minn. Ct. App. 1986
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Carey v. Coty Construction
392 N.W.2d 746
Minn. Ct. App. 1986
Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143
- Flament-Hampshire, Inc. v. Schaefer 391 N.W.2d 11 Minn. Ct. App. 1986
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Flament-Hampshire, Inc. v. Schaefer
391 N.W.2d 11
Minn. Ct. App. 1986
Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143
- Wise v. Denesen Insulation Co. 387 N.W.2d 477 Minn. Ct. App. 1986
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Wise v. Denesen Insulation Co.
387 N.W.2d 477
Minn. Ct. App. 1986
Speaks, Inc. v. Jensen, 309 Minn. 48, 50 , quoting Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143
- LeGrand Supper Club v. Seline 348 N.W.2d 805 Minn. Ct. App. 1984
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LeGrand Supper Club v. Seline
348 N.W.2d 805
Minn. Ct. App. 1984
Iverson v. Independent School District No. 547, Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143
- Kern v. Steele County 322 N.W.2d 187 Minn. 1982
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Kern v. Steele County
322 N.W.2d 187
Minn. 1982
Accord, Guhlke v. Roberts Truck Lines, 268 Minn. 141, 143
- Newland v. Overland Express, Inc. 295 N.W.2d 615 Minn. 1980