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Oompa-Loompa doompety doo, Willy Wonka's got an employment law issue for you

September 2020 employment law letter
Authors: 
Destiny Smith Washington, FordHarrison LLP

In the 1971 movie Willy Wonka and the Chocolate Factory, the Oompa-Loompas were small humans whom predators in their homeland preyed upon before Wonka invited them to work at his factory. Among other things, they loved to play practical jokes and sing songs. According to Wikipedia, they were paid in their favorite food, cocoa beans. Which, of course, raises a larger question for us employment law enthusiasts: Were the Oompa-Loompas employees or independent contractors?

Traveling down memory lane

My husband and I recently watched the original Willy Wonka movie (starring Gene Wilder) with my son for the first time. The movie is one of my absolute favorites. I found myself singing along and laughing when Violet swelled into a blueberry and when Charlie and his grandfather drank soda, flew to the ceiling, and burped themselves down. I cringed when Wonka threw old shoes into a batch of candy.

But hands down, my absolute favorite parts were when the Oompa-Loompas graced the screen. As I listened to Wonka's explanation for how they came to live with him, though, I couldn't believe what I was hearing. Apparently, in exchange for their services, the Oompa-Loompas were allowed to:

  • Live at the factory; and
  • Eat all the chocolate they wanted.

Further, I don't ever recall seeing a non-Oompa-Loompa performing services for Wonka.

Weighing Oompa-Loompas' contractor status

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