Cited by

Opinions in Minnesota that cite Speaks, Inc. v. Jensen, 243 N.W.2d 142.

34 citing documents.

In the Matter of the Unlicensed Debt Collection Activity of PurCo Fleet Services, Inc Minn. Ct. App. 2025
In the Matter of the Unlicensed Debt Collection Activity of PurCo Fleet Services, Inc Minn. Ct. App. 2025
See, e.g., Minn. Stat. §§ 80C.01-.22 (2024) (identifying factors in determining whether business arrangement constitutes a “franchise,” which do not include a party’s characterization of its arrangement); Speaks, (holding that under unemployment-compensation law, the “nature of the [employment] relationship of the parties is to be determined from the consequences which the law attaches to their arrangements and conduct rather than the label they might place upon it”); Hickman v. SAFECO Ins.
Meagan Abel, Minn. 2020
See, e.g., D-3 Wangen v. City of Fountain , –15 (Minn. 1977) (workers’ compensation); Speaks, Inc. v. Jensen , –45 (Minn. 1976) (unemployment compensation).
Susanne M. Glasser v. Butler Liberty Law, LLC, Relator, Department of Employment and Economic Development Minn. Ct. App. 2015
Susanne M. Glasser v. Butler Liberty Law, LLC, Relator, Department of Employment and Economic Development Minn. Ct. App. 2015
termining whether a worker is an employee or an independent contractor for purposes of determining eligibility for unemployment benefits: “(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.” Speaks, Inc. v. Jensen, 309 Minn. 48, 50–51, (quotation omitted).
Builders Commonwealth, Inc. v. Department of Employment & Economic Development 814 N.W.2d 49 Minn. Ct. App. 2012
Builders Commonwealth, Inc. v. Department of Employment & Economic Development 814 N.W.2d 49 Minn. Ct. App. 2012
Wise, d at 479 (quoting Speaks, Inc. v. Jensen, 309 Minn. 48, 50 , ).
St. Croix Sensory Inc. v. Department of Employment & Economic Development 785 N.W.2d 796 Minn. Ct. App. 2010
St. Croix Sensory Inc. v. Department of Employment & Economic Development 785 N.W.2d 796 Minn. Ct. App. 2010
Finally, it is well settled that “[t]he nature of the relationship of the parties is to be determined from the consequences which the law attaches to their arrangements and conduct rather than the label they might place upon it.” Speaks, Inc. v. Jensen, 309 Minn. 48, 51
Jenson v. Department of Economic Security 617 N.W.2d 627 Minn. Ct. App. 2000
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
Moore Associates, LLC v. Commissioner of Economic Security 545 N.W.2d 389 Minn. Ct. App. 1996
Moore Associates, LLC v. Commissioner of Economic Security 545 N.W.2d 389 Minn. Ct. App. 1996
1 (1993); Speaks, Inc. v. Jensen, 309 Minn. 48, 50
Ginsberg v. Minnesota Department of Jobs & Training 481 N.W.2d 138 Minn. Ct. App. 1992
Ginsberg v. Minnesota Department of Jobs & Training 481 N.W.2d 138 Minn. Ct. App. 1992
In support of this argument, Ginsberg cites Speaks, Inc. v. Jensen, 309 Minn. 48
Beaver Creek Mutual Insurance Co. v. Commissioner of Jobs & Training 463 N.W.2d 535 Minn. Ct. App. 1990
Beaver Creek Mutual Insurance Co. v. Commissioner of Jobs & Training 463 N.W.2d 535 Minn. Ct. App. 1990
Johnson v. Independent School District No. 535, Speaks, Inc. v. Jensen, 309 Minn. 48
North Face Exteriors, Inc. v. Commissioner of Jobs & Training 457 N.W.2d 778 Minn. Ct. App. 1990
North Face Exteriors, Inc. v. Commissioner of Jobs & Training 457 N.W.2d 778 Minn. Ct. App. 1990
Both parties cite Speaks, Inc. v. Jensen, 309 Minn. 48, 50-51 , for the factors to consider in distinguishing employees from independent contractors: (1) [t]he 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
Lakeland Tool & Engineering, Inc. v. Engle 450 N.W.2d 349 Minn. Ct. App. 1990
Lakeland Tool & Engineering, Inc. v. Engle 450 N.W.2d 349 Minn. Ct. App. 1990
Johnson v. Independent School District No. 535, Speaks, Inc. v. Jensen, 309 Minn. 48
Lewis v. Commissioner of Jobs & Training 425 N.W.2d 309 Minn. Ct. App. 1988
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 , ).
Kuether v. Personnel Pool of Minnesota 394 N.W.2d 259 Minn. Ct. App. 1986
Kuether v. Personnel Pool of Minnesota 394 N.W.2d 259 Minn. Ct. App. 1986
See *261 Speaks, Inc. v. Jensen, 309 Minn. 48, 51 , (whether parties viewed their relationship as one of employer and employee was irrelevant; the nature of the relationship is determined by the consequences which the law attaches to their arrangements and conduct).
Flament-Hampshire, Inc. v. Schaefer 391 N.W.2d 11 Minn. Ct. App. 1986
Flament-Hampshire, Inc. v. Schaefer 391 N.W.2d 11 Minn. Ct. App. 1986
See Speaks, Inc. v. Jensen, 309 Minn. 48, 51
Wise v. Denesen Insulation Co. 387 N.W.2d 477 Minn. Ct. App. 1986
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
Kern v. Steele County 322 N.W.2d 187 Minn. 1982
Kern v. Steele County 322 N.W.2d 187 Minn. 1982
See also Speaks, Inc. v. Jensen, 309 Minn. 48
State Ex Rel. Spannaus v. Mecca Enterprises, Inc. 262 N.W.2d 152 Minn. 1977
State Ex Rel. Spannaus v. Mecca Enterprises, Inc. 262 N.W.2d 152 Minn. 1977
Mecca maintains that our decision in Speaks, Inc. v. Jensen, Minn., is dispositive.