With the economy beginning to rebound, many companies are looking for every way possible to save money and/or maximize profits. One of the biggest costs incurred by any business is labor. Consequently, employers sometimes attempt to minimize this expense by utilizing independent contractors instead of employees. There are potential risks for employers who mischaracterize an employee as an independent contractor, because, while it may save payroll taxes and other benefit costs in the short term, it may lead to penalties on such taxes as well as other inadvertent violations of worker’s compensation laws, FMLA, etc, which each hold separate penalties for violation. While there are potential Federal issues associated with mischaracterizing …show more content…
(b) Except for an agreement with the principal relating to the completion schedule, range of work hours or, if the work contracted for is entertainment, the time such entertainment is to be presented, the person has control over the time the work is performed. (c) The person is not required to work exclusively for one principal unless: (i) A law, regulation or ordinance prohibits the person from providing services to more than one principal;
Human Resources (HR) is responsible for monitoring employee job classifications. The framework of the job description and job analysis ensures a company is compliant and compensates employees fairly. Companies have two options for determining how to categorize their workers, based on the Fair Standards Labor Act (FSLA); employers must recognize an employee job classification as an exempt employee or non-exempt employee. The guidelines suggest the nature of the work performed by the employee determines which classification a company selects. Certain job classifications warrant an employee to receive overtime pay, if a worker works over forty hours during a workweek, which would require the employer to compensate the worker at a higher rate. This process has had conflicts and legal litigation since its inception. There have been numerous complaints filed by employees who feel their jobs are incorrectly classified, and they should be eligible to receive overtime pay. The case below is an example of a legal action filed against employers. These cases are increasing across the country as employer look for ways to augment their payrolls and main production cost.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
[12] CURRAN, Simon, ‘When is a duck not a duck? The employee/independent contractor dichotomy’, Bulletin (Law Society of S.A) 26 (9) October 200etin (Law Society of S.A) 26 (9) October 2004: 23-26
One of the strongest arguments against at will employment concerns the fear of wrongful discharge or abuse of power by employers. Through my research, I have found that there are a large number of protections in place to prevent this from happening even in the presence of an at will agreement. The sole presence of an at will contract does not trum...
The advantage of hiring a contractor is that they are not on the payroll taking up a
Commission for Labor Cooperation (2002) “ United States Labor Law.” Viewed online on 11/18/2004 at http://www.naalc.org/english/publications/labormain.htm
In this particular case, the firm collects a wide variety of information on its employees. For current employees, the focus is through workplace cameras, monitoring internet traffic through workplace computers, GPS tracking on employer vehicles. Prospective employees are analyzed by pre-employment personality tests and background checks. There are certain guidelines as far as what information can be collected and used against an employer. Focusing more on employer monitoring at the workplace would give a better insight on what can and cannot take place. Further, we will look into the risk that employers c...
Setting parameters when delegating is a vital step in the delegation process. According to Robbins and Coulter (2010), “although you are delegating to an employee the authority to perform some task or tasks, you are not delegating unlimited authority” (p. 282). When delivering the work to Bill, Ricky would need to clarify the specifics that cannot be manipulated such as the exact procedures and steps to negotiating a contract. As an experienc...
The documentary Miss Representation identifies the numerous ways women are misrepresented in the media, including in news, advertisements, movies, and television. The title Miss Representation emphasizes that the way we portray women in the media is a misrepresentation, as in it does not do women justice and oftentimes, has a negative impact on the perception of women. Frequently in the media, women lack leading roles and complexity, are held to an unrealistic standard of beauty, and are subject to objectification and beautification (Newsom, 2011). These misrepresentations lay the groundwork for gender socialization, and therefore, shape how women perceive themselves and are perceived by others.
Bennett-Alexander, D.; Hartman, L (2012) Employment Law for Business 7th Edition. New York, NY. McGraw-Hill Companies Inc.
But if the contractor failed to do so, the parties may issue a notice making time of essence by giving a reasonable time for the completion. The contractor is not necessary to follow the notice as it is not a part of the contract which can say as time at large. In the other word, the defendant may treat the claimant as having refused the contract.
In the article, “Doubts about Doublespeak” by William Lutz addresses the language we call “Doublespeak.” The obscure language that is intended to communicate, without being straightforward. For example, a job companies manager telling employees they are downsizing the company, instead of saying we are firing are few employees. Doublespeak is to tell someone something, without being blunt about it. Even though doublespeak is affecting use, we continue to use it in or everyday lifestyle. Although we may not recognize it social media is one way we continuously use it. In the article Lutz provides four types of doublespeak, euphemism, jargon, gobbledygook, and inflated language. I do agree along with support William Lutz ideas about doublespeak.
Similarity is described as the tendency to group similar items. Similarity is much like stereotyping. Stereotyping is when someone judges another person on the perception of the group to which that person belongs.
...g the employer out of employment law? Accountability for wage and hour violations in an age of enterprise disaggregation. Employee Rights and Employment Policy Journal, 15201.
Over the years, employers have established employment arrangements with workers that include working in shifts, on "temporary" assignments, in a part-time capacity, and through independent contract work. The impetus for these arrangements is the organizations desire to realize its short-term service and production goals and to reap the low-cost benefits of a contingent work force.