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APA
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Law
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Essay
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English (U.S.)
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Employee vs. Independent Contractor: Law Essay Paper

Essay Instructions:

The purpose of this assignment is to identify laws and federal regulations governing employment.
Consider what you have learned about employment laws and federal regulations governing employment, particularly regarding the distinctions between independent contractors and employees and how business is conducted with each. Read the scenario below.
Scenario
Madrid and Berne is a top-rated accounting firm with offices in Phoenix and Tucson. Madrid and Berne wanted to provide bookkeeping as an additional service to its clients. It hired Joan Newman Business Services, with offices in Phoenix, Flagstaff, Tucson, and Yuma, to perform contract bookkeeping services for Madrid and Berne clients who requested and needed such services. Madrid and Berne entered into an independent contractor agreement with Joan Newman Business Services. The contract stated that Joan Newman is an independent contractor and agrees that her business is an independent contractor of Madrid and Berne.
After entering into the agreement, Joan worked solely on jobs assigned by Madrid and Berne and was paid a commission for the work. The commission was based upon the fees determined by Madrid and Berne and paid by the clients to Madrid and Berne. Joan was paid on a weekly basis. She used available and unused office space at Madrid and Berne, along with Madrid and Berne's equipment and supplies. This arrangement made it easier for clients to utilize Joan's services and be familiar with the offices. Madrid and Berne reviewed Joan's work and returned faulty work to her for corrections before delivering the completed work to the clients.
Assignment
In a 550 word paper, apply what you have learned about the distinctions between employees and independent contractors to the scenario by discussing the following.
Provide an explanation of why it is important to know the distinctions between employees and independent contractors when operating a business.
Discuss the key factors for determining Joan's employee classification using the concepts that have been presented so far in the course and your own research relevant to the scenario.
Using the rules for distinguishing between employee and independent contractor, discuss whether Joan's designation as an independent contractor was correct, and justify your designation by citing laws and federal regulations.

Essay Sample Content Preview:

Laws and Federal Regulations Governing Employment
Student’s Name
Institutional Affiliation
Laws and Federal Regulations Governing Employment
The Importance of Differentiating Employees from Independent Contractors
Multiple reasons can be given on why it is important to know the distinctions between employees and independent contractors. One important element of the distinction is on control. Employers must exercise control differently when dealing with independent contractors or employees (Johnson & Everhart, 2011). While an employer may have exclusive control over an employee’s prospects including taxation and scope of work, the same cannot be said of an independent contractor. With independent contractors, employers must draw lines and limit their control to the standard of work and not how the work will be completed. Failure to adhere to this distinction can trigger conflicts between contractors and employees.
Knowing the distinction between independent contractors and employees also eases the execution of ownership tools tests. In an operational setting, tools can imply equipment, computers, phones, supplies, and materials (Johnson & Everhart, 2011). In general, the manner an individual uses the tools should imply their relationship with the employer. For instance, an employee is allowed to use tools such as space and materials at the cost of the employer. Conversely, if an individual owns or rents tools, he/she is an independent contractor. The other aspect of the test focuses on who bears the costs of tools. Understanding if an individual is an independent contractor or an employee creates a distinction on the cost management of organizational tools.
Key Factors for Determining Employee Classification
Three primary factors define the classification of individuals as either independent contractors or employees. The first among the factors is behavioral control. A relationship is considered to be employer-employee if a worker is told where and when to work (Cih...
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