Nationwide v. Darden: restoring to the term "employee" its common-law meaning. (Nationwide Mutual Insurance Co.) From: Tax Executive | Date: May 1, 1992| Author: Hollrah, Russell A. | COPYRIGHT 1992 Tax Executives Institute, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

The US Supreme Court determined, in National Mutual Insurance Co v Darden, that 'employees' would be defined by common-law agency doctrine for the purposes of ERISA and all other federal laws. The decision resolves a corporate administration problem by requiring a single definition rather than suiting one to each federal law, making compliance difficult. However, the pre-emption clause in ERISA could pose problems for employees not so defined by common law who would have no state or federal r...

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