Arnold

Plaintiff Kimbly Arnold worked as a nonexclusive insurance agent for Mutual of Omaha Insurance Company (Mutual). After plaintiff terminated her contractual relationship with Mutual, she filed suit claiming unpaid employee entitlements under the Labor Code. 1 She appeals from a summary judgment in favor of defendant Mutual, in which the trial court determined Ms. Arnold’s causes of action depended on her being a former “employee” of Mutual, and the undisputed facts established she was not an employee, but rather an independent contractor. Arnold claims the court erred in concluding the common law test for employment was applicable to determine whether she was an “employee,” arguing that a broader statutory definition of “employee” is applicable under section 2750. Alternatively, she contends the court incorrectly applied the common law test when it determined there were no triable issues of material fact and concluded she was not an “employee” as a matter of law. As discussed below, we conclude after a de novo review the trial court was correct, and we affirm the summary judgment.

Background

On January 25, 2010, Arnold filed a complaint against Mutual on her behalf and…