Essays on Independent Contractor

Difference between an Employee and Independent Contractor

Courts use various tests to differentiate between an employee and independent contractor and such tests include a contract of service, control tests, multiple factor test and integration test. A contract of service means that the person has a contract of employment with an organization while a control test refers to the control exercised by the employer on employees. Independent contractors do not enter into a contract of agreement nor does the employer have control over them. Integration test means that the employee is an essential part of the organization, which is not the case in independent contractors (Klandermans, Hesselink, & ...

Issue 1 - Ethics and Legal Environment 2

Issue 2 - Organizational Environment 4 Issue 3 - Critical Thinking 7 Issue 4 – Business Associations and Torts 8

Issue 1 - Ethics and Legal Environment

As an agent of her employer, Monique has legal obligations of obedience, loyalty, accounting and performance to her principal. The duty of loyalty involves a fiduciary obligation where the agent is required to serve one principal at a time and shun from conflicts of interest, inform the principal about any material information, and keeping away from actions that would adversely affect the interest of the principal (Hartigan, 2014:272). Additionally, Monique has the duty of obedience towards her principal. The obligation ...

An employee typically works for a stand out the manager, though an independent contractor by and large gives counseling administrations to more than one organization. A worker works the hours set by the business, however, the independent contractor generally as Jay may be, sets his or her own hours. The employee likewise has a general instruction and experience foundation and gets unique preparing from the business keeping in mind the end goal to carry out the employment better (Durban, 2009). Then again, the independent contractor simply like Jay have extremely concentrated aptitudes and goes to the work association with ...

Acme Fireworks

A number of factors are to be considered when it comes to taking the decision of the most favorable business structure for a specific commercial venture. Given the situation of Acme Fireworks, the pros and cons that need to be weighed before deciding on the business structure include the offering of highest protection, the highest investment return, and the most favorable rates of taxes. When there is a need for liability consideration, along with needs of employment and huge contracts, the recommendation to Acme Corporation owner would be to amend his status from the present sole proprietorship to a ...

One of the major challenges facing healthcare administration is the problem of diversified care. The modern world and all the technological improvements that are found in medicine mean that levels of care are better than ever, but this is not without challenges for administrators. An increasing number of specializations in medicine, for example, mean that administrators must prepare for an increasing number of units and specialists, which in turn leads to problems with funding and human resources. There are also issues associated with the fact that patients are generally more aware of technological advances in medicine, and may be ...

Chapter 20: Agency

The law defines agency as a fiduciary relationship between two persons whereby one acts on behalf of the other with his or her consent.

Employer-Employee Relationships

Employees who deal with third parties are taken as agents. For instance, sale transactions carried out by sales people bind the principal to the customer.

The fact that some employees are considered to be agents leads to an overlap between employment and agency law.

However, agency law has a broader reach compared to legistlations that govern employment. Employer-Independent Contractor Relationship Relationships between principals and contractors do not always involve agency relationships. For Example, an agreement between a homeowner and a real estate agent is an agency relationship while an agreement between an insurance broker ...

American federal law bans all workers from all forms of discrimination at the place of work. This discrimination can get based on religion, race, gender or even nationality. It can also take many forms and shapes. People can make lewd comments on race or religion. They can also negatively comment about an individual trait of a co-worker in a manner that hurts his or her feelings. In the modern workplace, discrimination is still a significant issue of concern that employers have to deal with. An unfriendly work environment mainly encompasses primarily sexual harassment. People might have discussions that contain ...

Introduction

In this paper, I will argue that the fact that a certain individual is recognized as an employee, automatically “grants” employer status to the person or entity that hires this individual; the legal status of employer is inherently connected to the status of employee. Both parties acquire certain rights and obligations as soon as their relationship falls under the definition of employment. However, as much as there are no strict criterion that help to determine whether a person is an employee, similarly, whether an entity or an individual is an employer will largely depend on the form of relationship ...

BUSINESS LAW QUESTIONS

Carlil v Carbolic Smoke Ball Company [1893] 1 QB 256; [1892] EWCA Civ 1 Carlil v Carbolic Smoke Ball Company is a leading case in Contract Law which discusses the salient elements of an offer, an invitation to treat and other relevant contractual concepts. The facts of this case are that Carbolic Smoke ball Company, while advertising the Carbolic Smoke Ball drug for influenza, advertised that; £100 would be rewarded to any person who contracted influenza having used the ball three times a day for two weeks. The Company added that £1000 was already deposited with Alliance Bank to ...

Nowadays, putting up a business is a better option than finding employment in someone else’s company. There are many business options and ideas that people can choose from, which could be the start of something big and better for the individual. However, it is important to note that not all who go into business succeed. This can be attributed to the person’s, or group or persons’, lack of understanding pertaining to the type of business to structure to follow. If one wants to capitalize on the potentials of a business, understanding the business and choosing the appropriate business structure can ...

Indeed creditors of a corporate cannot claim the assets of a company’s shareholders should the company become insolvent. This is contrasted to the situation regarding a sole proprietorship in which the creditors are allowed by the law to put claim on the property of the sole proprietor in case the assets of the business are not sufficient to cater of all of the creditor’s claims. Indeed, it is fair for the shareholders of a company to have a limited liability and for the owner of a sole proprietorship to have an unlimited liability. A shareholder with unlimited liability is one whose personal property ...

There are several legal issues arising from the third scenario. First is whether the employer, the Lazy River, Inc. is liable for Lucy’s failure to adhere to reasonable commands directed to her by her boss Mike. The second issue is whether the sixteen (16) year old worker was an independent contractor, if so, whether it is the employer or the hiring party that is liable for injuries to the independent contractor. The third issue is that of negligence. That is, whether the company was negligent for failure to foresee that the toxic chemicals present in water could cause ...

Strengths identified in the SWOT outline personal qualities compatible with recommended characteristics associated with successful financial risk analyst consultants:

- Adequate Distance – an expert risk analyst is able to merge disparate information, including factors that may be causing immediate conflict with a client’s strategic goals. As an external party hired to provide services and advisory, a consultant’s representation of an organization on a project can often clear the way for a company seeking investment and other contribution. - Closer – bring the project to completion so that the client may proceed with a strategy according to schedule is fundamental to meeting practice criteria. - Communicator – continuous and precise communications are priority for most organizations working with a financial ...

BUSINESS LAW

Abstract When it comes to setting up a business, it is important to gain a thorough understanding of what needs to be done in order to guarantee the success of the endeavor. Primarily, business owners must be able to identify the business structure that is more appropriate for the company that they intend to put up, including information on the type of workers that they should hire and what are the implications of hiring employees versus independent contractors. It should also include understanding issues that could arise as businesses interact with the public, other corporations, and the national government. Business ...

Timmy Aldrich is a high school student who has been hired to sweep up the backrooms of Smedley Bottled Gas Company’s warehouse for two hours every Friday. Therefore, Timmy works two hours a week for the company. Under the law, Timmy may be classified as an independent contractor instead of an employee. To determine whether Timmy is an employee or an independent contractor, you will want to examine such things as whether or not Timmy offers his cleaning services to other businesses. As Timmy only works for that company for two hours on Friday, he could go to other businesses ...

Make-a-Bed is a furniture manufacturer and distributor with plants in three U.S. states. To save on money, the company President decided to hire an independent contractor to streamline its manufacturing processes. John Engineer was thus hired to study the company’s systems and processes and was told that he should come up with recommendations on how to do the consolidation within one year. As part of the expectations, he was supposed to report to the president his progress on a monthly basis, should handle all meeting schedules and travel arrangements, was expected to turn in work equivalent to 20 hours per ...

- What kind of agreement should Thompson have in place with the PEO for transferring regular employees to contract labor? It is the responsibility of an employer to state the tasks and prospects of both agencies when regular employees are moved to a PEO and leased back to the employer. The main transformation in Thompson`s case is that his employees will no longer belong to him. Instead, they will become Mayfield`s employees. Montgomery needs to look carefully at PEOs in his area. He ought to ensure that the chosen provider is licensed to operate. The state ...

The case we are presented with is the Community for Non-Violence vs. Reid,490 U.S. 730 (1989) in which the Community for Non-Violence in its form as an organization dedicated to the elimination of homelessness. With one of its trustees the company was engaged in an oral agreement with Reid who is a sculptor with the agreement based the production of a statue that represents the dramatization of the plight of the homeless. This statue was to be displayed at a Christmas pageant in Washington with Reid working on the statue at his Baltimore studio with several visitors from the Community for ...

Secretary of Labor v. Cities Service Oil Co.and theOccupational Safety & Health Review Commission

Introduction

This appeals court case is about five individuals – four employed by Cities Service Oil Co. and one employed by an independent contractor – of whom four died as a result of inhalation of hydrogen sulfide, while cleaning so-called water knockout tanks belonging to the oil company and located on the Stoltenberg lease near Holyrood, Kansas. The case came to the appeals court because the Secretary of Labor petitioned for review of the original decision by the Occupational Safety and Health Review Commission which had issued citations and ...

Introduction

Terms and conditions of service in a job relationship can be created by articulate oral agreement or through the conduct of the parties involved (Miller & Jentz, 2009). New and modified terms of a contract can take place if a worker has been employed for a period of time that is reasonable and where the employment has undergone changes. Changes such as promotions, increase in remunerations among other things may change the employment contractual terms and have to be mutually agreed explicitly or by the parties’ conduct.

In this paper, will be an elaborate discussion of the true nature of the contractual relationship between ...

Topic: Business Law

1. Explain how this scenario relates to an area of law taught in Introduction to Business Law. (2 marks) Introduction to business law is a phenomenon that aids business mangers and everyone within the business environment to be aware of the legal environment that the business operates in. C & A engages an internal auditor to carry out auditing of their financial books of accounts and through intimidation, Julia who has been engaged as the internal auditor caries out the task negligently and later an external auditor is engaged to check on the correctness of the financial books. Fortunately or ...

The Case is being contended under four criterions; the first criteria being, whether there could be a triable issue of existence as to whether the employee was under employment during the occurrence of the accident that caused the injuries. In this respect, when a judgmental summary is appropriately adhered to, the court has an obligation to establish as to whether there is an issue to be tried. If it is determined that no triable issue of fact is in existence, it is the duty of the court to opt for contending the case using the law.

The second criterion is as ...