S. G. Borello & Sons, Inc. v. Department of Industrial Relations

Opinion

EAGLESON, J.

We ordered review to decide whether agricultural laborers engaged to harvest cucumbers under a written “sharefarmer” agreement are “independent contractors” exempt from workers’ compensation coverage.1 Our answer has implications for the employer-employee relationship upon which other state social legislation depends.2

The grower claims the “sharefarmer” harvesters are independent contractors under the statutory “control-of-work” test, because they manage their own labor, share the profit or loss from the crop, and agree in writing that they are not employees. After taking…