"People think naturally of employing an independent contractor." "Simply because someone would be considered or not considered an employee doesn't necessarily answer the question of whether it's a contract of employment," Chief Justice John Roberts said to the attorney for New Prime, Theodore Boutrous Jr., on Wednesday. While it is not possible to guess how a justice will vote based on their questions at oral argument, the court's traditional conservatives seemed skeptical of the trucking company's argument that "contracts of employment" only applied to employees. Sheldon Whitehouse, D-R.I., invoked the Declaration of Independence and Niccolo Machiavelli, the Renaissance-era author of influential political treatise "The Prince." In a dramatic brief filed with the court in July, Sen. To liberal court watchers, the case, the first in a trio of arbitration suits set for argument this term, typifies the potential damage that a conservative court could do to American workers. Kavanaugh, if confirmed, would solidify a conservative, 5-4 majority on the nation's highest court for the foreseeable future. It comes amid a bruising confirmation battle for Brett Kavanaugh, whom President Donald Trump nominated in July to succeed Anthony Kennedy, long considered the court's swing vote. On that front, the court's decision could have ramifications for virtually every sector of the economy. The case also raises questions about the use of the "independent contractor" designation to reduce pay and benefits for workers who perform essentially identical work as employees. It could shape an industry that generates more than half a trillion dollars in annual revenue. The case pits business interests against labor groups in the first major case of the term that could have consequences for hundreds of thousands of American workers and potentially millions of consumers.
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