Crane D. Kipp successfully overturned a ruling by the Mississippi Department of Employment Security that a nurse staffing agency’s contract workers were employees rather than independent contractors.

This is the first ruling in favor of the independent contractor status by the MDES in decades and reconciles the issue that has been the subject of conflicting Mississippi Supreme Court decisions since 1991.

This ruling bolsters the independent contractor status of staffing agency workers, particularly in the some what unique context of temporary staffing assistance in health care facilities. The holding will likely benefit hospitals and nursing homes throughout the state enabling them to access supplementary staffing as needed in an orderly and defined fashion.

Mississippi Department of Employment Security
Administrative Law Judge Decision April 12, 2012