Hoste v. Shanty Creek Management, Inc

In Hoste v. Shanty Creek Management, Inc, 459 Mich. 561; 592 N.W.2d 360 (1999), the Court explained that under MCL 418.161, a plaintiff must establish that he was under a "contract of hire" with the employer. This requires that "compensation must be payment intended as wages." Hoste, 459 Mich. at 576. In Hoste, the Court explained that subsection 161(1)(d) supersedes the old economic realities test, although it incorporates some of the factors of that test. Hoste, 459 Mich. at 572. The Court instructed that the common-law economic realities test may not be used to supersede subsection 161(1)(d) by considering factors not contained within the statute, but the factors enumerated in the statute "can be construed by reference to the case law development of those same factors." Hoste, 459 Mich. at 572.