The Issue of Whether Max is an Employee or an Independent Contractor

The Issue of Whether Max is an Employee or an Independent Contractor
* Analysis of whether Max is an Employee or an Independent Contractor.
On the issue of whether Max is an employee or an independent contractor, we first must describe employees and independent contractors as recognized under the law. At this time, there is no comprehensive legal framework in place by the federal government to distinguish between an employee and an independent contractor. Instead, the distinction is defined by several authorities according to their own needs. An employee is someone who "performs duties prescribed or directed by others; is provided training for the work to be done; and, works for only one employer," according to the United States Small Business Association (Posner, 2021). The term " employee " is broadly defined under the National Labor Relations Act. The term "employee" is inclusive rather than limited to those who are not excluded. Agricultural laborers, domestic workers for any family or person in his home, people working for their parents or spouses, and people with the status of an independent contractor are all exempt from the definition of employee.
The definition of an independent contractor differs depending on whether they operate under their name or a business name and have their employees. Additionally, if they keep a separate business checking account, advertise their services, invoice clients for work completed, have their tools, set their hours, and maintain business records. If the payer has the power to control or direct only the product of the job and not what will be done and how it will be done, according to the Internal Revenue Service, that person is an independent contractor.
On further analysis between an employee and an independent contractor, we discuss the issue of control. The most important characteristic is this one. Employers have complete control over employees' jobs, including the workplace and working hours. Additionally, the employer is responsible for how the employee carries out the responsibilities. On the other hand, an independent contractor works with little to no oversight and chooses his workplace, working hours, and method of execution.
Additionally, we look at integration with the primary business of the employer. An employee is a component of the employee's business, and the employer must supply the tools and supplies required to run the firm. In the workplace, an employee is also governed by the company's policies (Posner, 2021). On the other hand, an independent contractor is unattached to the company and is solely held to the terms of the contract or the norms of his trade in terms of performance. He is also free to work concurrently for any other party.
Max works at the Farm on a weekly and weekend basis according to a set routine. Additionally, he is working on farm property while wearing a uniform, driving a vehicle, and using a smartphone that belongs to the business. Because of these benefits and conditions, Max is an employee and not a contractor. He is required to wear a work uniform, which Cedar Tree Farm provides. Additionally, he is permitted to use the vehicle for company business and personal usage, which is not permitted for those who work under contract. A cont...