Supreme Court Clarifies Extent of Statutory Employer Protections

In a case of first impression, the Idaho Supreme Court ruled that delivery services ancillary to a contract for the sale of goods do not create a statutory employer relationship between the customer and the service provider’s employee. Case: Kelly v. TRC Fabrication LLC, No. 47653, 04/26/2021, published. Facts: TRC Fabrication LLC purchased some steel tubing from the Brown Strauss Steel Co. The sales contract provided that Brown sold the tubing "free on board" to TRC, which meant Brown would retain ownership of the tubing until it was accepted by TRC at its Idaho Falls facil...