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 ...
Independent Contractor College Essays Samples For Students
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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, & ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
- 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 ...