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90-1802.ZS
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NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
NATIONWIDE MUTUAL INSURANCE CO. et al. v.
DARDEN
certiorari to the united states court of appeals for
the fourth circuit
No. 90-1802. Argued January 21, 1992-Decided March 24, 1992
Contracts between petitioners Nationwide Mutual Insurance Co. et al.
and respondent Darden provided, among other things, that Darden
would sell only Nationwide policies, that Nationwide would enroll
him in a company retirement plan for agents, and that he would
forfeit his entitlement to plan benefits if, within a year of his termi-
nation and 25 miles of his prior business location, he sold insurance
for Nationwide's competitors. After his termination, Darden began
selling insurance for those competitors. Nationwide charged that
Darden's new business activities disqualified him from receiving his
retirement plan benefits, for which he then sued under the Employee
Retirement Income Security Act of 1974 (ERISA). The District Court
granted summary judgment to Nationwide on the ground that
Darden was not a proper ERISA plaintiff because, under common-law
agency principles, he was an independent contractor rather than, as
ERISA requires, an ``employee,'' a term the Act defines as ``any
individual employed by an employer.'' Although agreeing that he
``most probably would not qualify as an employee'' under traditional
agency law principles, the Court of Appeals reversed, finding the
traditional definition inconsistent with ERISA's policy and purposes,
and holding that an ERISA plaintiff can qualify as an ``employee''
simply by showing (1) that he had a reasonable expectation that he
would receive benefits, (2) that he relied on this expectation, and (3)
that he lacked the economic bargaining power to contract out of
benefit plan forfeiture provisions. Applying this standard, the
District Court found on remand that Darden had been Nationwide's
``employee,'' and the Court of Appeals affirmed.
Held:
1.The term ``employee'' as used in ERISA incorporates traditional
agency law criteria for identifying master-servant relationships.
Where a statute containing that term does not helpfully define it,
this Court presumes that Congress means an agency law definition
unless it clearly indicates otherwise. See, e. g., Community for
Creative Non-Violence v. Reid, 490 U.S. 730, 739-740. ERISA's
nominal definition of ``employee'' is completely circular and explains
nothing, and the Act contains no other provision that either gives
specific guidance on the term's meaning or suggests that construing
it to incorporate traditional agency law principles would thwart the
congressional design or lead to absurd results. Since the multifactor
common-law test here adopted, see, e. g., id., at 751-752, contains no
shorthand formula for determining who is an ``employee,'' all of the
incidents of the employment relationship must be assessed and
weighed with no one factor being decisive. NLRB v. Hearst Publica-
tions, Inc., 332 U.S. 111; United States v. Silk, 331 U.S. 704;
Rutherford Food Corp. v. McComb, 331 U.S. 722, distinguished.
Pp.4-9.
2.The case is remanded for a determination whether Darden
qualifies as an ``employee'' under traditional agency law principles.
P.9.
922 F.2d 203, reversed and remanded.
Souter, J., delivered the opinion for a unanimous Court.