Jammal v. American Family Insurance Company

(1) Whether a district court"s finding that a worker is an employee under the common-law test should be reviewed for clear error, as the U.S. Courts of Appeals for the 4th, 7th, 9th and 10th Circuits hold; using a hybrid standard, as the U.S. Courts of Appeals for the 2nd and 8th Circuits hold; or de novo, as the U.S. Court of Appeals for the 6th Circuit held here; and (2) whether the same traditional inquiry governs under all the statutes that incorporate the common-law test for employee status, as several circuits hold, or whether courts may modify the test based on the purpose of each statute, as the 6th Circuit held here.