Employment Categories: Classifying Workers Essay examples

Employment Categories: Classifying Workers Essay examples

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Introduction
Employment categories exist to classify workers in a variety of fields and disciplines. The incorrect classifications of workers have legal as well as financial repercussions to a company should a grievance be filed with the Equal Employment Opportunity Commission.
Employee
Establishing employment types are essential in determining the legal compliance and responsibilities that an employer must comply with based on federal law. The first type of employment category is establishing if someone performing work is an actual employee. Title VII of the civil rights act of 1964 defines an employee as someone who performs work for an employer (Walsh, 2012). While this is a vague definition of what constitute an employee, it is a start. While the commonsense would suggest an employee is anyone who perform works and receive pays for the work performed. This creates a gray area that exists between the legal and commonsense definition. According to Muhi, “Black’s Law Dictionary defines “employee” as “a person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed”, Muhl, C. (2002, January 1). Bases on this definition, this would imply that an independent contractor, could not be considered an employee because the role and work vary on how it is performed, when it is performed and how much input the employer have over the process.
This type of employee is the traditional form of employment that most worker experience. It offers company benefits, advancement opportunities, and employment stability in a sense. Some disadvantages for this type of employment is...


... middle of paper ...


...e have a variety of employee classifications in the group above. 75% of the workforce in CMS is full-time employees, 15% are part-time, 5% are a independent contractor (technology), combination of temporary workers, these positions usually are less than 6 month to a year hired, often retirees, and substitute workers, 5% substitute teachers, bus drivers and after-school and secretaries. The breakdown for the percentages represent a how the school should be staffs. I chose the greater percentage for full time employees based on the needs in the district.



References
Muhl, C. (2002, January 1). What is an employee? The answer depends on the Federal law. U.S. Bureau of Labor Statistics. Retrieved , from http://www.bls.gov/opub/mlr/2002/01/art1full.pdf
Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.

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