Adrienne L. McAdory v. Vail Technologies

In Butler v. Drive Automotive Indus. Of Am.,793 F.3d 404, 414 (4th Cir. 2015) the Fourth Circuit attempted to simplify the "hybrid" test of the common-law test and the economic realities test used to identify an employee employer relationship where none should exist established by the Supreme Court in Nationwide Mut Ins. Co. v. Darden 503 U.S. 318 (1992). Instead, the imprecise language of the Fourth Circuit's nine-factor "hybrid" test created a confused rendering by the District Court regarding the Petitioner's inability to prove a case for joint employment. The question presented is: 1) Should the "hybrid" test established by Nationwide v. Darden be simplified to be consistent with mature full-time equivalency labor laws and employer's recourse to use non-discriminatory human resources disciplinary actions where the same work parameters exist for non-employees? In order to participate in the Small Business Administration's (SBA) 8A business development program for members of a protected class, a member of said protected class must relinquish their right to Title VII protections by operating their business full-time for no less than two (2) years. This requirement provides the government proof the business could be a viable concern and can show past performance in providing services or products to government agencies. The question