State ex rel. Employment Security Commission v. Hennis Freight Lines, Inc.

The question for decision is this: Are the drivers of vehicles so leased (whether the owner or a third party employed by him), during the term of the lease, employees of Hennis, or are they independent contractors or employees of independent contractors, under the Employment Security Law?

*500Ch. 424, S.L. 1949, made these material changes in Sec. 96-8 of the General Statutes of 1943:

First: G.S. 96-8(g)(6), prescribing certain statutory criteria for determining whether an individual was an employee of an employing unit, the so-called ABC test, was stricken in its entirety. The statutory criteria…