Independent Contractors and Employment Law

Little Lamb Company

egarding our recent discussion about potential legal issues which might arise regarding Mary's termination, it must be concluded that, based on the evidence, Mary is clearly an independent contractor. Independent contractors may be distinguished from standard employees based upon the following criteria:

An independent contractor is contracted on a by-project basis, versus having a permanent position at the workplace and his or her employment is largely determined upon the need for and the quality of the project, versus a regular salaried position.

An independent contractor is largely self-governed, versus being governed by a superior, and is solely and personally responsible for the quality of his or her output, versus the company or his or her superiors.

An independent contractor rarely performs work integral to the performance of the business.

It is true that certain factors associated with contract employment are not present in this case, given that…… [Read More]

Independent Contractor or Employee

The first issue in this case is whether or not the massage therapist is considered to be an employee or an independent contractor. Dream Massage has hired the person as an independent contractor but "exercises complete control over how she does her work", including the provision of clients, materials needed to do the work, and complete control over the massage therapist's schedule.
The IRS defines an independent contractor as follows: "an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done" (IRS, 2017). The level of control that Dream Massage has over the massage therapist in this scenario is not consistent with the legal definition of an independent contractor. Both the behavioral and financial aspects of the common law definition are consistent with the person being an…… [Read More]

Human Resource Management Employees vs Independent Contractors

Employee vs. Independent Contractor

Employees vs. Independent Contractors

John, who owns his own consulting firm, is picked to work for Make-a-Bed, a furniture manufacturer and distributor, and since he is not readily available as a full time employee, it is agreed that he should work as independent contractor. He is expected to study the business and make recommendations accordingly, to arrange for his own travel and meetings, dedicate about 20 hours each week to the project, and is to be paid on an hourly basis after presenting an invoice. However, the other businesses John deals in become a cropper come and he ends up dedicating more of his time to Make-a-Bed. After one year has passed and he has not made recommendations, John is replaced with another consulting agency and he attempts to claim unemployment benefits with Make-a-Bed as the last employer.

In court, John refutes any claims that he…… [Read More]

IRS Rules Pertaining to Employees vs Independent Contractors

Human Resource Case Study

a summary of the facts of the case: A consultant named John Engineer took a job with "Make-a-Bed," a furniture manufacture that wished to consolidate its three plants. He wasn't hired as a regular employee, but rather as an independent contractor. Engineer was given a year to come up with a strategy to consolidate the company operations in Maryland, Pennsylvania, and Delaware. He was to be paid on an hourly basis, and was expected to put in 20 hours a week.

A year passed and Engineer had not presented his findings and made no recommendations so the company let him go. He filed for unemployment benefits (saying Make-a-Bed was his last employer) and was turned down; Engineer appealed the decision. In the hearing the HR person admitted it had established an automatic payment system -- as it does for regular employees -- not intentionally but by…… [Read More]

ADR and Independent Contractors

Grocers, Inc.

Situation

Good Grocers is an expanding, up-and-coming new company that needs to preserve its reputation in the competitive grocery industry. As a company which is particularly anxious to promote itself as an ethical organization given its pro-organic and buy-local stance, it must be especially careful to safeguard its positive image in the mind of the public. Given the company's need to avoid a costly lawsuit, alternative dispute resolution would be advised as the best way to deal with the angry customer who claims to have stepped on a banana peel and injured herself. Alternative dispute resolution would be a less publically embarrassing and also a more attractive option for both the company and the aggrieved customer. "Alternative Dispute esolution ('AD') refers to any means of settling disputes outside of the courtroom. AD typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs…… [Read More]

Employee Status for Taxation

Independent Contractor Status Boons

There are numerous reasons as to why it is of critical importance to distinguish whether an individual is an employee or an independent contractor. The first of these pertains to purposes of taxation. Quite simply, there are numerous ramifications that the status of these two options results in for those who select one or the other. In addition to having to fill out numerous different forms (especially if one is an independent contractor), the crux of the taxation issue is as follows. Independent contractors are generally issued 1099 forms. hen one is an independent contractor, numerous taxes are not taken out of his or her earnings -- including social security and other mandated federal taxes. Subsequently, that individual is responsible for paying those taxes on April 15 when one must submit one's tax documentation. Additionally, individuals who receive 1099s are subject to self-employment tax, which is…… [Read More]

Buyer-Centric Seller-Centric and Independent B2B

These three strengths of their content methodology, depth of expertise in the Asian manufacturing sector, and commitment to being a leader in electronic enablement and IT form a defensible competitive position. As a result, the company is well positioned to attract investors.

In supporting the contention that Global Sources is well positioned to attract investors based on the three unique strengths of a scalable content collection and management methodology, expertise with the Asian manufacturing community and that communities' unique needs and requirements, and an emerging strength in electronic enablement and IT, the following points need to be kept in mind. When these three factors are combined, the potential exists for Global Sources to move beyond just being a provider of content management services to leads for Asian manufacturers on the one hand, and sourcing, procurement and buy-side contacts for companies globally on the other. Taking into account the aggregation of…… [Read More]

Large Defense Contractor and Am

" To meet the criteria of a "champion," the top, middle and lower management has got to be not only at an advanced level, but also should be extremely valued. The top management should proactively encourage and advance the organizational goals, offering knowledge and assistance. Furthermore, it is vital that these "champions" make sure that employee complaint resolution endeavors are successfully executed. In one study, companies with devoted and advanced "champions" had been twice as probable to account that their organizations had been doing better than they anticipated (Yu, 2001). This shows that with top management support as well as advanced and knowledgeable employees can assist in increasing the organizational performance. In light of the aforementioned facts, we have chosen our third variable as top management support and our third hypothesis is:

Hypothesis three: The stronger the top management support, the higher the employee retention rates.

Collection of variables and…… [Read More]

Business Law Re Career Institute

Further, CIA should incorporate as a closely held corporation. Although they will still have to create officers, have annual meetings, and issue shares, this can all be done privately. In other words, the founder will be able to maintain his close involvement by being the sole shareholder and performing all the officer roles.

In order to ensure that the instructors are hired as independent contractors, CIA should take the following steps:

Have every instructor sign a contract clearly labeled "Independent Contractor."

Have all instructors turn in a W9 form, the standard federal tax form for independent contractors.

In the contract, clearly lay out that each instructor is not an employee, will not receive any employee benefits, that the agreement may be terminated at any time and have it signed as "Independent…… [Read More]

Employment Relationships at Will

Studebaker v. Nettie's Flower Garden, Inc.

Plaintiff Judith Studebaker was injured in a car wreck with James Ferry, an employee of defendant Nettie's Flower Garden, Inc. Ferry was responsible for the accident, and Studebaker sought to recover from Nettie's for the injury under the theory of respondeat superior. Ferry was a flower delivery man for defendant. Ferry was paid per delivery, not on an hourly basis, and was responsible for establishing his own delivery schedule. Ferry used his own van for the deliveries, but Nettie had requirements for the van. Ferry did not wear a uniform, but was required to dress neatly and expected to behave in a business-appropriate manner. Ferry was responsible for his own expenses. Ferry had finished his morning deliveries and then went to a pawn shop to conduct some personal business. On the way to Nettie's shop, Ferry had an accident and hit Studebaker's automobile. Studebaker…… [Read More]

Employer-Employee Relations Understanding the Link

At the same time, the employee is bound to do all the work agreed with the employer. He cannot misuse the employer's resources. He must follow the employer's instructions and use his skills to perform his agreed task. He and the employer together must seek out new skills to benefit the latter. They also review their work together to determine if it meets quality standards (Thibodeaux).

Federal law obliges an employer to offer and provide fair pay to the employee (Morgan 2012). He is also required to meet safety requirements for the employee in performing the service agreed. The company may likewise offer perks and benefits for the employee's needs and in order to motivate him. Perks are a company's way of showing appreciation to the employee. The employer further enhances motivation by showing work flexibility towards the employee. Examples are sending an employee home who is sick or allowing…… [Read More]

Employment Mary First Needs to Make it

Employment

Mary first needs to make it absolutely clear whether she is an employee or independent contractor. In this case, while she may have been hired as an independent contractor, she was later subtly reclassified as an employee. An independent contractor works freelance and part-time which means his place in the firm is not permanent. Mary was definitely one such contractor since her services was required for one specific project. Her contract with the firm was extended when another project came forth for which Mary's services were found suitable. However when the second project began, Mary was no longer an independent contractor since she was often asked to work with specific material and equipment and was also forced to follow company's work-schedule. This is an example of exploitation of independent contractor agreement since only an employee can be instructed to work with specific tools or when, where and how to…… [Read More]

Employment Law One of the

The combination of these elements is showing that she is an independent contractor. ("What is a 1099 Form," 2012) (Hill, 2008)

What are some potential legal implications in the case? What should the utility do to rectify any wrongs in this situation?

There are no legal implications for the firm. This is because they can demonstrate that Karen is an independent contractor. To address any kind of wrongs, the company could offer her some kind of severance pay for ending the contract. Prior to her receiving anything is when Karen would have to agree to never engage in any litigation against the firm in the future. This will protect the company's best interests.

Draft a sample policy for limiting the use of independent contractors that will help avoid issues like this in the future.

To avoid these kinds of challenges in the future, the firm should have all employees sign…… [Read More]

Little Lamb Scenario Little Lamb Company Requires

Little Lamb Scenario

Little Lamb Company requires an additional employee to complete a special project. They contract Mary for this position, and enter into a contract with her. Just as the project is almost completed, Little Lamb realizes it needs Mary's services longer and asks Mary to continue with the company. While completing the new project, the supervisor sees that Mary must use company materials and equipment in order to meet the requirements of the job. Two years pass, and the economic downturn requires Little Lamb to make budget cuts, among them Mary's position. A month later, Little Lamb receives another major contract, thus requiring the services of a programmer like Mary. However, instead of hiring Mary back, the supervisor decides to hire his equally qualified cousin. Now there are concerns about Mary's status as an employee, the at-will clause, breach of policy and breach of contract.

Part 1 --…… [Read More]

Multicultural Workforce Establishing an Overseas

Outsourced employees should be limited to filling non-critical areas of need. They should be used to alleviate the load on regular employees, rather than to replace them. They will fill in non-essential positions, leaving full-time employees to fill the more sensitive security roles.

Strategic planning will be an ongoing process, rather than a single event that is a part of the initial phases of the process. Security issues are constantly emerging and evolving. In order to remain an effective deterrent to harm, one must stay informed and keep one's staff informed of the changes that occur. An informed staff will be the most effective in spotting and reporting threats before they become problematic. The strategic security plan will be one of continuous monitoring and improvement. Security audits will be a part of this strategic planning cycle. Training and regular staff briefing will round out the security planning sessions.

Leadership

Leadership…… [Read More]

Vicarious Liability Case This Present Study Is

Vicarious Liability Case

This present study is a vicarious liability case assignment and it is divided into two primary sections. The first section aims at distinguishing between corporate criminal liability and tort law vicarious liability resulting from the negligence of a health care organization's employee. The second section defines and discusses apparent agency and then states the impact status of the agent/employee vs. independent contractor has on analysis of liability.

Corporate criminal liability vs. vicarious liability

Corporate criminal liability falls under criminal law which defines the extent to which a company or a corporate that exists as a legal person can be held liable for the omissions or acts of an employee working for it. Crime punishable by corporate criminal liability can be defined as a breach of public right and duties which affect the whole community. The doctrine of vicarious liability is entrenched in law of torts and it…… [Read More]

Compensation Benefits Evaluate Whether or Not the

Compensation Benefits

Evaluate whether or not the compensation system at Collegiate Promotions is effective.

If a company wants to introduce a new product to market in a quick way, but has rigid funds they have the option of utilizing an independent sales representative model. This allows a company to use representatives in their business to cut expenses and increase sales over the phone or enter into new markets or territories. Companies use representatives as direct sellers in order to show and eventually sell products in high amounts. Not only is direct selling an economical way to market and spread a good, but it can also help in the recruiting endeavor as well (How to Work With Independent Sales eps, 2011).

The compensation system at Collegiate Promotions is effective for them since it keeps their cost low and yet allows for them to sell a lot of their products. They don't…… [Read More]

Organizational Law the First Source

It covers a specific device or process and it protected by the Patent Act. A patent can be enforced through the legal system. By contrast a trade secret more difficult to protect through the legal system. A trade secret is not generally known to the public whereas a patent is publicly viewable. A trade secret can be protected in states that subscribe to the Uniform Trade Secrets Act, but typically cannot be protected once the secret has been revealed.

There are a number of common encumbrances on title. Some examples are liens, mortgages, judgments, unpaid taxes, clouded title, easements and other restrictions.

A sole proprietorship is a form of business wherein the individual proprietor bears all liability for the business -- the business is not a distinct legal entity. Sole proprietorships are simple and inexpensive to set up and administer. However, the proprietor faces unlimited liability and pays taxes at…… [Read More]

Closed-System Perspective on Management Views

The age of the family physician or the nurse that saw a family through their life cycle is no more, creating a more impersonal and less psychologically well-informed healthcare system.

Q8. Perhaps the most important factor contributing to employee stability is that of a pleasant work environment. Collegial relationships between employees, managers that actually listen to staff members, and humane working conditions (i.e., not constantly scheduling nurses to work nights and back-to-back shifts) are essential. Workers should also be fairly compensated, given the work that they do and the education demanded by their position. In the case of high-demand and highly-skilled professionals like nurses, salaries and benefits must acknowledge the competitive nature of the field and the fact that many institutions are offering attractive packages to enhance retention. Factors that work against retention and contribute to high turnover include insensitive management, a highly competitive and backbiting working environment, long and…… [Read More]

Contract Formalizes the Agreement Between Two Parties

contract formalizes the agreement between two parties regarding buying a certain item, entering into a certain service, or accepting a certain condition. Contracts cover a huge span of agreements including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire.

For a contract to be enforceable, it must constitute six factors:

Mutual consent -- both seller and buyer must be in full and comprehensive agreement of what the one is selling and the other is receiving

Offer and acceptance -- these must be clearly spelled out and comprehended by both parties

Mutual consideration -- the item / service must be one of value and turn out to be so, too.

Performance or delivery -- both must be intact. There must be, in other words, no…… [Read More]

Celeste Is a Wife and Mother of

Celeste is a wife and mother of two young children. She is in her mid-30s and has decided to go back to work. Her husband, a college professor, works an extra job, and so is tired all the time and does not spend enough time with the family. Celeste wants things to slow down for him. She will put the children in daycare. She'll have a 45-minute commute. The extra money will help Jim give up extra commitments. Economically, they will remain about the same but the burden will now be shared more fairly. She expects these changes will make the family happier.

the extra job of the husband leads him to being tired all the time

the extra job precludes husband from spending enough time with family

the children being put in daycare will not cause any affiliated burdens (tearing family apart)

enough money will be made from Celeste's…… [Read More]

Healthcare Legal Aspects of Health Care Administration

Healthcare Legal

Legal Aspects of Health Care Administration

Please answer the question below:

Give and support two arguments for and two arguments against Euthanasia. (Note: Pages 430 to 433 in Pozgar's textbook will provide some background on the issue).

In modern medical practice the meaning of euthanasia is an action that assists dying in someone who has requested it and countries such as Belgium, where it is a legal practice, require that the person must be older than 18 years, be in unbearable physical or psychological pain that is medically permanent and without hope of recovery, the request must be made by his or her own self-will, and the person must have thought about it and made the request several times (Gulsah, Gursel, & Nazan, 2007). These requirements by themselves imply the kinds of arguments that can be made for the practice.

The obvious argument for euthanasia is to alleviate…… [Read More]

Ethics Law Case Critical Thinking

Ethics, Law Case, Critical Thinking

Title VII of the Civil ights Act permits retaliation claims because they help to prevent situations in which workers who are unlawfully discriminated against pursue those discrimination law suits. Were Title VII of this act not to permit retaliation claims, then there is a possibility that egalado would have dropped her law suit of discrimination against the company both she and her husband worked for, just so that he could either keep his job or have it reinstated. etaliations claims require inclusion in Title VII of this act to keep employers honest in their dealings with their employees. Thompson was not part of the lawsuit that egalado was formulating (Your textbook, p. 415), yet he was fired as a means of retaliating against her for producing a law suit against the company. Without the inclusion of retaliation claims, Thompson would have unfairly lost a job.…… [Read More]

Contract Procurement Noncomete and Nondisclosure

So, even though the scope of this clause is broad such that it encompasses disclosure to any person in perpetuity, a court of law will likely enforce it against Writer with an injunction and monetary damages.

D. GOVERNING LAW. It is intended by the Parties that this Agreement be valid and enforceable under the laws of the state of Texas and that the laws of this state shall govern this Agreement's interpretation.

*Note: The choice of law clause is very important because different states treat noncompetition agreements with varying degrees of acceptance. Since most films originate in California, it is likely that both the Company and Editor are California residents and it would probably make more sense to use California law; but California law is very strict on noncompetition agreements

. Therefore, since the film will be shot in Texas, it makes sense to choose Texas law instead.

E. ARBITRATION.…… [Read More]

Managing Out

Healthcare

Like many countries around the world, Australia has implemented policies associated with healthcare reform. Healthcare reform is an important issue because of the number of people that are affected by the decisions made by government and healthcare providers. Of the most concern is the drastic increase in the number of elderly patients that is expected over the next few decades.

ith these things understood, the Australian government has undergone a process of reforms designed to address the needs of the population. These reforms address concerns related to both the private and public aspects of the Australian healthcare sector that often work together to provide the population with care. Currently in Australia,

"Primary health care in Australia is delivered through a mix of Commonwealth, state and territory government funding and private funding, and publicly and privately delivered services. hile many primary health care services are delivered through privately provided general…… [Read More]

Strategic Management Porter's Five

Strategic Management

Porter's Five Forces Model and Strategic Management

as Applied to Bowne & Company

Porter's Five Forces Model and Strategic Management

as Applied to Bowne & Company

Bowne & Co., Inc. is a financial services company which has been in business for 235 years. During this time the company has grown to become the world financial services leader in communication services, investor/shareholder relations and communications, and capital markets communication guidance. The communications side of financial services is Bowne's specialty, as they provide "regulatory and compliance documents; personalized financial statements; enrollment kits; and sales and marketing collateral" (Bowne, 2009). The company has expanded its operations in recent years due to the wish to be involved in all aspects of their customer's financial transactions. In February of 2010, Bowne merged its services with those of .. Donnelley & Sons in an all cash deal. Bowne will remain completely autonomous except in…… [Read More]

Academic and Personal Experience

move from a movie! my gymnastics coach told me, his eyes agape. "That was a mean tumbling pass!" I blushed. It had been a long time goal for me to become a police officer so that I would be able to apply my physical strength to a challenging career. While I always loved playing and watching sports like football and baseball, I didn't see professional athletics in my future. And while I enjoyed and excelled at the sciences in high school enough to make lab work my chosen major, I also didn't want to delve into hard science as a potential future career. I realized quite a long time ago that working for the police force would enable me to combine my talents and strengths while helping others and contributing something to my community. Furthermore, as a native New Yorker, my desire to be a cop is made all the…… [Read More]

Zhang Was Employed as a Qualified Accountant

Zhang was employed as a qualified accountant in a small accounting practice. Following an investigation, the disciplinary committee of the professional body to which Sam belonged found that he provided misleading sets of financial statements at the request of clients on several occasions, in return for substantial payments. This was done without the knowledge of his employer.

Trust is an important part of the accounting profession. Accountants have an ethical obligation to present financial statements that are accurate and true to the best of their ability. Many people depend on accounting statements to make financial decisions. Accounting statements are used to make business forecasts and for strategic planning. They are used by investors to decide if the company is a good risk or a bad risk. Many people depend on the statements of accountants and they must trust that the information that they receive is as accurate as possible.

There…… [Read More]

Health Transitions More Disease or Sustained Health

There are no deductibles and no user fees nor limits to contributions on the plan. There are also no restrictions on services to be used and no premiums to pay for basic care coverage other than taxes, a far cry from the high deductibles, co-pays and other fees associated with health care in the United States.

Key to this point is the idea that Canadian health care costs less because a large portion of it is publicly financed. The author's note that since Canada adopted their universal healthcare system the Canadian Health Act has implemented a policy of public administration which keeps the cost of health care spending lower and maintains the government's ability to provide health care services to the entire population. The authors argue that public administration is a more optimal choice for keeping health care expenditures down because administration is inexpensive.

U.S. hospitals keep more details of…… [Read More]

Allstate Not Only Knows That

Now that the company knows about the situation it needs to move quickly to rectify it. It needs to investigate and terminate the male employee who has been making the comments.

Sexual harassment is a form of gender discrimination. here are two theories under which an employee may recover for sexual harassment. he first, "quid pro quo" harassment, occurs when any employee offers any job benefit, or threatens any job detriment, in exchange for sexual favors. In lay terms, this means that any time an employee promises, either expressly or impliedly, that career advancement may be linked to dating or sex, the law has been violated. However, unless the harasser is a supervisory employee, the Company would not be liable unless it knew of the harassment, or should have known (CALIFORNIA SEXUAL HARASSMEN (http://www.californiadiscriminationlaw.com/California-Sexual-Harassment-Law.html)."

Because she made the complaint, the company did know. In addition the company has talked to…… [Read More]

Political Science Defense Acquisitions Management

There is little or no public bidding on contracts, and contract arrangements are poorly spelled out, or not described at all. Furthermore, additional cost overruns are caused by the reliance on interagency contracts that actually demand an additional fee on the part of the Department of Defense. (GAO, 2007, p.9)

There is little difference in performance either before or after the awarding of contracts. Companies that were not checked into prior to contracting are barely supervised once they begin to perform the required work. Officials at the Department of Defense, and also those at the Department of the Interior acting for DOD, issue task orders that go "beyond the scope of underlying contracts;" commonly failing to justify non-compliance with regular procedures that ensure best value for the government. (GAO, 2007, p.10) it is as if Department of Defense officials see outside contractors as but members of the usual military command…… [Read More]

What Is Needed to Start a Small Business

Small Business

Uncovering Critical Success Factors for Starting a Small Business Venture

Small businesses have been considered the mainstay in countries around the world. In many European countries for example, the small business has been considered crucial to the success and flourishment of the country in general. Most individuals embark upon a small business venture in the hopes of realizing ownership, independent profits and personal success. Small businesses can prove extremely successful when planned properly. Studies suggest that several small businesses however, close or fail within the first few years of operation. This failure suggests that a majority of small business owners may not have as yet realized the crucial success factors necessary for successful implementation of a small business.

There are as yet, few empirical studies conducted that specifically address key factors for the success of small businesses across several industries. As such, the aim of this paper is…… [Read More]

Customer Relation Management Customer Relationship

Once contractors and employees recognize that CUTCO is interested in making changes, they will willingly provide the company with the information they need to better understand what the customers want and need, and how they can best meet their need. When people talk poorly of a company, customers will hear this news much more quickly than they will hear about the positive gains the company has made or intends to make. When people talk negatively word spreads much quicker. Because of this, CUTCO needs to make amends to the individuals it wronged, and provide an accurate description of its practices so it can begin building a strong customer base. Once CUTCO does this, it can then concentrate on its brand. CUTCO already has a good branding strategy; they must simply ensure this strategy aligns with their objectives and the objectives of the people and contractors working with and for them.…… [Read More]

Tort Exam Barnaby Willows Owns a Small

ort Exam

Barnaby Willows owns a small boutique petting zoo in downtown Sydney. his petting zoo harbors two of each kind of local species of animal. he zoo is open to the public seven days a week for 8 hours a day. he animals are kept in cages pursuant to city ordinance and have received all of the required vaccinations mandated by public health code. he petting zoo has been in operation since January of 2000; to date no member of the public has been injured by any of the animals. Paul Hogan has been an employee of Barnaby for the past two (2) years his main job includes tending to the animals in their cages. his includes feeding the animals and making sure they are comfortable at all times.

Barnaby has recently received an import of Coyotes from the United States Southwestern Cultural Center located in Phoenix, Arizona. he…… [Read More]

Women at Work What Causes Lack of Respect in the Workplace

gender roles in the workplace pre-exist much of what we think defines what work really is; not only do they pre-exist the modern working world of offices and factories, but they also seems older than more basic things, like writing and currency. From the world of the Tasaday tribe in the Philippines to that of such fields as genetic engineering and astrophysics, men and women are compelled to function within the workforce in different ways. In the United States, women dominate fields such as nursing, teaching, and clerical positions, while fields like engineering, programming and accounting are thought to be the domain of men. Some positions, such as those of flight attendants and nurses, are considered so intrinsically "female" that many men refuse to enter these fields for fear that others will question their sexual preference. Other more coveted positions, such as that of the CEO of a large company,…… [Read More]

Alberty the First Circuit Court of Appeals

Alberty, the First Circuit Court of Appeals affirmed the district court's grant of summary judgment in Defendant's favor, holding that under 42 U.S.C. § 2000e (Title VII of the Civil Rights Act) and P.R. Laws Ann. Tit. 29, 146 et seq. And 467 et seq., there was no genuine issue of material fact that Plaintiff was an "independent contractor," not an "employee." The issue on appeal was whether there were any genuine issues of material fact evidencing Defendant's unlawful discrimination against Plaintiff in violation of Title VII and Puerto Rico's anti-discrimination laws. The Court, however, used a de novo standard of review to side-step the issue of discrimination and focus instead on the parties' legal relationship. Using First Circuit Court precedent, the Court reasoned that since it could affirm a summary judgment ruling "on any basis apparent from the record," it would focus its analysis on the parties' legal relationship.…… [Read More]

Marketing Strategy of FedEx Examining

For the first 2010/2011 fiscal quarter ending Aug 31, FedEx Freight generated revenue of $1.26 billion, up 28% from last year's $982 million, but made a loss of $16 million -- down from an income of $2 million a year ago (2010, FedEx).

FedEx Corp. reported gross revenue of $9.46 billion in the quarter, up 18% from $8.01 billion the previous year; operating income of $628 million, a 99% increase from $315 million last year; and net income of $380 million, a gain of 110% from $181 million in 2009/10 (2010, FedEx).

Financial Performance

On September 15, FedEx shares dropped by 3.4% on the news that profits in the quarter ending August 31 (the first quarter of fiscal 2011) had totaled $380 million. Although they had doubled relative to the immediately preceding quarter, this profit level was still seen as somewhat below market expectations (2010, Company Profiles).

According to Investor's…… [Read More]

What Is Law

Agency Law

What are the essential differences among the relationships of principal and agent, employer and employee and employer and independent contractor?

Under contract law, the employer is referred to as the principal and the employee is referred to as the agent. Regardless of whether the agent is the employee of the principal or is an independent contractor for the principal, the same principles apply in holding the principal liable on contracts to third parties. In contrast, employer/employee relationships and employer/independent contractor relationships typically apply in tort law.

The difference between an employee and an independent contractor is that the principal or employer has the right to control the manner and the method by which the person performs his tasks. (Community for Creative Non-Violence v. Reid, 490 v. U.S.730 (1989). Independent contractors typically control their own schedules and progress on a work assignment.

Identify, define and discuss the categories of…… [Read More]

Scope and Limits of the Freedom of Association Law in Australia

freedom of association refers to the freedom to join a union or association without fear of outside interference. Australia does not guarantee freedom of association in her Constitution. As a result, Australia has ratified several international covenants on freedom of expression, and used international laws as a basis for the Industrial Relations Reform Act 1993.

The orkplace Relations Act of 1996, which specifically protected the freedom of association, and provided specific penalties for breaching the Act, superseded the 1993 Act. Recently, the war on terrorism has presented an unexpected threat to Australia's freedom of association laws. This renewed the argument that the freedom of association should be guaranteed, by law, within the body of Australia's constitution.

Freedom of association has taken an important place in international labor law and social justice. The International Labour Organization (ILO) has long had conventions that deal specifically with freedom of association, the importance of…… [Read More]

Workplace Sexual Harassment

sexual harassment, and discuss aspects like defenses, judge ruling basis, cause of action, and employee's and employer's civil liability. Both discrimination and employee laws will be applied here.

Sexual Harassment Background Information

The issue of sexual harassment at workplaces poses an ethical problem, with around 50% of all women employees experiencing it during some point of time at their workplace; the effects of sexual harassment on people are always negative, and harmful (Bimrose, 2004). Thus, career guidance has a significant role to play in preparing and supporting working women, who may have already faced, or are currently, facing sexual harassment at work. ecent studies on workplace-related gender inequalities have recommended combating of stereotyping by urging women to take up non-traditional vocational training, education, and jobs.

Though the above solution is pertinent, the problem of workplace sexual harassment is not accorded due recognition. There are several reasons for this; the foremost…… [Read More]

Transferring Employees From One to Another Employer

transferring employees from one to another employer, it is important for a company to have the necessary agreements in place. There should be an agreement not only with the new employer, but also with employees themselves. In Thompson's case, the employees were transferred to the PEO for the purpose of restructuring the organization and saving on labor costs. The PEO acted as a subsidiary company for Thompson.

In terms of the agreement with the subsidiary PEO, Thompson has certain obligations (Ministry of Manpower, 2014). The new employer, for example, should inform Thompson of anything that might affect its employees as a result of the transfer. One case that might be considered under this obligation is the new health care scheme employees are obliged to use under the PEO. One employee's wife, for example, has breast cancer and is no obliged to use a different medical establishment for her care. Her…… [Read More]

Collegiate Promotions Evaluate Whether or Not the

Collegiate Promotions

Evaluate whether or not the compensation system at Collegiate Promotions is effective.

At Collegiate Promotions, independent sales representatives have a great deal of autonomy. They have freedom to work when and where they choose and the ability to structure their own pricing within guidelines provided by the company. It is a very effective compensation system for the company, since sales representatives pay an initial $300 fee for start-up materials. Sales reps are independent contractors and not employees, so they cost the employer absolutely nothing. For ambitious sales reps, this system of at-risk compensation system can be very rewarding. Individuals who already have contacts as well as individuals who are savvy Web users may have a distinct advantage in their ability to reach potential customers more quickly. As AUTHORS (p. 459) point out, "Money is not the most important consideration for many employees." For those who desire independence and…… [Read More]

Accounting for Decision-Making

Accounting for Decision Making

Shelter Partnership's Case Study

Purposes of Cost Information

The intended purpose of cost information is to provide a basis for determining the expenses and revenues associated with a particular activity (or cost object). Generally, cost and income is measured in order to determine net income or profit margins. However, as Shelter Partnerships is a non-profit, the cost information forms a basis for the allocation of resources and to assist with decisions about scaling. The cost information of Shelter Partnerships can also be used to address any cycles in the stream of donations and contributions that can impact the overall ability of the non-profit to meet its mission. In addition, since Shelter Partnership regularly applies for grant funding, it is essential that their accounting system be readily interpretable to grant reviewing bodies. Fund development cannot be sustained for long in an environment that is only loosely accountable…… [Read More]

Minimum State Living Wages Every

Another serious con when it comes to the minimum wage is that raising it stops some people who would have otherwise gone on to further their education (Wellington, 1991). These people do not see the need for more education, because they realize that they can enter the job market and make enough money to survive. That makes them happy, so they are satisfied with what they have. Later, when they realize that they cannot advance without a better education, they become frustrated and stuck in their job (Wellington, 1991). They feel trapped, but by that time there is not a lot that they can do. They may already have a lot of bills and/or a family, and going back to school is not something that they can do at that time. The lack of education in the workforce brings the entire economy down and keeps companies that are looking for…… [Read More]

Employee Have a Potential FLSA

2. Explain five things employer can do to insure compliance with FLSA.

The most important action that an employer can take to ensure compliance with FLSA is to remain organized and pay attention to detail (Deadrick). Overtime violations have replaced discrimination claims as the number one problem relative to FLSA compliance and accurate and detailed record keeping can alleviate most of these problems. In regard to this record keeping it is essential that human resource departments properly classify each employee's exempt / non-exempt status as to the paying of overtime. The provisions of the FLSA carefully detail which employees are eligible for overtime and which are not. Human resource departments must follow the FLSA language strictly in making this determination.

It is also essential that employers carefully and accurately record the number of hours spent by each employee and that such recording procedure is not subject to manipulation or abuse.…… [Read More]

Tort Liability Bug May Have

Vicarious liability imposes liability on one person for an illegal or tortious act committed by another, such as the negligent conduct of the dockyard worker under BUG's employ. Tort Liability Basics: Strict, Vicarious, and Joint Liability," 1999)

Question B

hat defenses may be available to BUG?

BUG could argue that neither the dockyard worker not BUG security measures were not negligent, that security was adequate, and the incident was much like a car accident, making it the fault of the driver or robber, not BUG's inability to protect the employee of the vendor company. However, even if a car accident occurs "while the employee was driving from his office to a client's site," on a professional matter, the employer will likely be liable for the accident, thus BUG's legal fate does not look salutory. (Tort Liability Basics: Strict, Vicarious, and Joint Liability," 1999)

orks Cited

Tort Liability Basics: Strict, Vicarious,…… [Read More]

Infrastructure Development

large scale project, effective management is critical in dealing with key challenges and becoming responsive to the needs of stakeholders. In the case of the Brantas iver Basin Development and Ourzazate Solar Power Station projects, these strategies are critical to avoiding cost overruns and ensuring it meets the long-term needs of both regions. To fully understand what is taking place requires carefully examining each one, demand, the regulatory / political environment, ecological / social, the financing model, execution / control, security challenges / safety and post implementation assessment. Together, these different elements will illustrate how to deal with critical challenges and ensure that both are capable of meeting the needs of stakeholders.

Brantas iver Basin Development Project

The Brantas iver Basin project is focused on developing a hydro electric dam inside Indonesia. The basic idea is to control flooding, provide greater amounts of irrigation and produce electricity that will address…… [Read More]

Laws Affecting the Human Resources

Add to this confusion the growing prevalence of telecommuters and the issues of the FLSA become even more complicated. Of course some telecommuting positions fall into the exempt category, and therefore are not subject to overtime pay, however some do. Due to the freedom to engage in 'private pursuits', employers may monitor when a virtual employee logs onto his or her computer and may require that he or she get permission before working overtime (Gabel & Mansfield 2003, 316). Only by fully understanding the FLSA and the legislation that has evolved from its implementation, can Human Resource professionals be certain to obey the regulations and not compromise their organization.

Discrimination:

In addition to the monitoring of ever-changing compensation laws, Human Resource professionals must also be well versed in discrimination legislation as well. The Civil Rights Act of 1964, one of them of the most important pieces of discrimination legislation created,…… [Read More]

Project Organization

Project Organization

The case involving Ozkites is showing how the company has the ability to seize upon new opportunities. However, to be able to take advantage of the increasing demand requires focusing on: the organizational structure and recruitment strategies. Together, these elements will highlight the challenges impacting the firm and how they can be effectively addressed in the future. This is the point that the company can meet this demand and increase their bottom line results in the process.

Organizational Structure

A matrix organizational structure is utilized when a company is taking a decentralized approach when it comes to their operation. This means that personnel and resources will work together as a cohesive unit. Yet, at the same time, different entities are working independently of one another. The basic idea is to utilize this approach to take advantage of everyone strengths and weaknesses. Moreover, there is a focus on arranging…… [Read More]

Questions and Ansers for MBA6600

IRS' three areas (categories) of determination of whether someone is hired as an IC or EE.:

Behavioral- Does the company control or have the right to control what the worker does and how the worker does his or her job?

Financial- Are the business aspects of the worker's job controlled by the payer?

Type of relationship- Are there written contracts or employee type benefits

State two reasons it may be advantageous for an Employer to try and classify someone who does work for them as an Independent Contractor rather than as an employee:

___Can be cheaper for the employer

3.___Less paperwork and oversight required

State two reasons it may be advantageous for an Employer to try and classify someone who does work for them as an EMPLOYEE Independent Contractor:

4.___Less paperwork and oversight required

5.___Less responsibility for the employer if a negative impact occurs.

6-9. Title Vll prohibits employers from…… [Read More]

Small Business

risks facing this company that immediately need to be addressed. The major risks include the fact that the company has already violated a number of the premises upon which the company was formed. Those premises are the close relationship with a number of sunglass manufacturers, the product value and the brand development. Additionally a risk assumed by the company was that they were providing an untested product to untested sales people; these are individuals who have no previous ties to the company. It was nice that Evan was able to establish a relationship with Mark and Judy Chen, and that is a good start along with the fact that they would oversee the operations in Hong Kong. However, the trust put into Mark and Judy is one that is double-edged in nature. If they do not do their job in an efficient manner, who then will coordinate the manufacturing activities?…… [Read More]

Topsail Should Top Sail Implement a Web-Based

Topsail

Should Top Sail implement a eb-based system? hy or why not?

Top sail should implement a eb-based reservation and booking system. This type of system is necessary because it is often more convenient for customers who live in different time zones. The web-based system will also allow customers to see pictures of the time share they are going to reserve so that they know exactly what to expect when they arrive at the destination (Lin, 2010; Aaker & Mills, 2005). A web-based system is also practical because of the amount of time that people spend online and the other types of travel reservations and bookings that are handled over the internet (Dickson et al., 2009). For instance many vacationers also book flights or secure other types of transportation via the internet. As such having a web-based system makes it easier for travelers. In addition such a system is also…… [Read More]

Employment Law

Lofty Lawn

What is arah's theory?

Will she succeed?

arah's theory is that Will Worker who collided in and damaged her4 car, is an employee of Larry's business, "Lofty Lawns." ince he is unable to pay for repairs of her car, her theory is that that his employers Larry's business, "Lofty Lawns" should pay for it and cover him.

he will not succeed, since the employer of Larry's business, "Lofty Lawns," has made each of his employees independent and hired them as their own workers. "He requires them to sign an "independent contractor" agreement that acknowledges they are independent contractors, not employees. " Wanting to keep costs to a minimum, Larry has each worker buy his own van, as well as maintain their own vehicle liability insurance (and show proof of insurance), and to pay for their own gas and truck maintenance. Will should have been responsible for this. ince…… [Read More]

Personnel Law and Regulation

Personnel Law and Regulation

Workers Compensation Rehabilitation

For nearly 100 years, the system of Worker's Compensation has been used in the United States. Worker's Compensation is legislated and administered at the state level. Accordingly, each state has passed their own laws and developed their own system to administer Worker's Compensation within their jurisdiction. Despite the differences of each state's benefits, the overall concept of Worker's Compensation is used in each state.

The model of Worker's Compensation is simple. Employees loose their right to sue their employer for negligence, and employers are required to provide Worker's Compensation to their employees. Specific benefits vary from state to state. All state systems provide some form of protection for employees who are hurt while working.

Prior to the adoption of Worker's Compensation, the previous system required an employee to file a lawsuit against their employer. This proved to be ineffective and problematic. For example,…… [Read More]

Business and Political Argument Against

The government has rather low environmental expectations. In fact, the consultant found that they are about as lenient as the Mexican restrictions, though the Philippines presents no public relations nightmare as protestors are not rallying against health concerns, as they were in Mexico.

Although the conditions in the Philippines may seem even more ready for outsourcing then the conditions in Mexico, the ethical costs of operating the company in the country are once again too high. Like the situation in Mexico, workers in the Philippines may work for lower wages than workers in the United States, but owners are not being provided with the same level of skill that they would be if continuing to operate the factory in the United States. Because the factory workers would consist mainly of underfed adults and impoverished children, the company would be lucky if workers managed to produce sufficient amounts of products throughout…… [Read More]

Federal Contract Compliance and EEO

FCC & EEO

Federal Contract Compliance & EEO

Many foreign cultures associate the words United States of America with the vision of freedom and equality. People of many different races, disabilities and creeds have come to the United States seeking the impartiality upon which this country was founded. owever, the road to these favorable conditions of today has not been easy. The relentless pursuit of equality by Americans is written in history more than once. The most famous struggle for equality is Thomas Jefferson's Declaration of Independence. When the British began pressuring the American Colonies for more taxes, and generally becoming prejudiced, the colonists began writing poetry, drawing political cartoons, and painting patriotic pictures. The founding fathers gathered to take initiative to pursue their rights as a new country and as individuals. This paper will discuss the EEO compliance requirements necessary to become a Federal contractor as well as focus…… [Read More]

Security Department Policy

Many states, such as Virginia, are training private security officers in order to ensure smooth cooperation and coordination between security companies without police powers and the police and sheriff's departments. In Washington D.C., the municipal police department requires private security officers to be licensed as "special police" officers in order to legally search or arrest people. Cooperation can reach significant proportions, as in the case of the Minneapolis Police Department's "SafeZone" program, which place private security officers downtown who now outnumber Minneapolis Police Department officers there 13 to 1.

4. Industries and organizations that use special and/or commissioned officers and for what purposes

a. There is a truly broad range of industries and organizations which use special police officers. These organizations tend to have significant financial resources, large premises, and sensitive security needs which they believe cannot be met by the existing public police force. These often involve the need…… [Read More]

Injuries Case Studies Janet Works

Refusal to cooperate with the physician selection on the part of the employee could result in a termination, cancellation or simple refusal of benefits.

This physician, the first to treat the patient regarding the work related injury for which the claim is filed, is known as the physician of record. The physician of record has certain duties and obligations to both the patient and the other parties concerned with the worker's compensation claim. Their primary concern is, of course, the treatment of the condition that caused the claim, and the general health of their patient. As part of this treatment, the physician of record has the responsibility to determine the extent of the disability, as well as the date on which the employee can safely return to work. Their report can also allow for further treatments, such as physical therapy. In addition to treating the patent, the physician must keep…… [Read More]

Role of Paralegals in the

, which markets paralegal services to the public, generated about $3.8 million in franchise revenue last year, according to the company's Form 10-K annual report filed with the Securities and Exchange Commission.

Miller, L. (2005) Outsource paralegal work. Trial 41(10), 72-73.

Increasingly, paraprofessionals are going freelance or by contract hours. With a salaried paralegal, if there is a break in the work, he or she may have to do clerical work because there is nothing else to do. A contract paralegal, however, can take on short-term, long-term, per-diem, or per-case projects, depending on what is needed by commissioned assignment. The person is paid only when billing, without the overhead, benefits, or taxes. Contract paralegals can assist with litigation preparation, covering employee absences, and overflow work. Anoutside paralegal can help prepare documents and keep cases moving. A paralegal who is familiar with files can maximize a firm's productivity and minimize costs…… [Read More]

Management Name and Explain Three

Review relevant background information.

During this step you are collecting information about what types of special skills may be required. For example, does the job have you obtaining some kind of license or permit? At the same time you would look at the financials of the business and industries they are in.

Select representative positions.

This is when you are sampling the different job openings in the field and are studying what the majority of employers are looking for.

Analyze the job

During this step you are conducting your initial canalization to: determine the abilities and skill sets for the position. This is based on looking at news of the company and trying to gain insights as to what the work environment is like.

Verify the analysis

During this step you are determining if the analysis that was conducted was correct. This will help to ensure that any kind conclusions…… [Read More]