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Employee v. Independent Contractor determination Employment law is essential to business law. There are many important concepts and legal issues. However one of the most
Employee v. Independent Contractor determination Employment law is essential to business law. There are many important concepts and legal issues. However one of the most important decisions a business will make is the determination of the classification of worker as employee or independent contractor. It has many legal implications for both the organization and the worker. Even though it is important it is in no way an easy choice to make. There are several legal tests that have been applied in different types of situations and circumstances. Additionally. different courts have drawn different conclusions on what looks like similar facts. Even with all of this uncertainty, organizations cannot ignore or take lightly this decision. As we reviewed in the supplemental materials businesses like LyftI UberI FedEx have had to go to court to work out these issues. In this discussion, you are given one example with a set of facts. You will have to determine which legal test you will use, apply the factors of the test to the facts of the case, and make a determination. Once you have answered the questions regarding this determination, please post it here. Then review what other students have determined. You may find some had similar outcomes as you or you may find that like the courts there are many ways this can be analyzed and therefore differing opinions. Yet this will be a very important decision for every organization to continue to make. Recognizing the factors and the weight of the decision will be an important tool to help you along the way. 'See the Module Reading for information on legal tests and factors to get started students started on research Learning Objectives: - Describe the sources of law. [New required 5L0) - Identify the various types of agency relationships and the rights and liabilities arising from those relationships as well as the basic features of employment law. [5L0 derived from course description "agency and employment law") - Identify and analyze the business impact and source of liability of an employee versus an independent contractor. Taxi drivers for the Yellow Cab Company sign independent contractor agreements with the company, from whom they lease cabs for a daily fee. With a few exceptions, drivers are free to drive any routes and to work as many hours as they chose. Drivers' payment consists of the fares taken in minus the leasing fee and other expenses. Rates for cab rides are set by the company. Drivers are required to use meters, to meet certain appearance requirements. to have their radios on and respond to a dispatcher. to avoid profanity, and to adhere to a variety of other rules of conduct. Drivers who violate rules are subject to suspension. Drivers are required to obtain oil changes and maintenance work from the cab company and to buy gas from it. The cab company provides drivers with insurance and business ca rds. When one of the Yellow Cab Company's drivers was murdered on the job, his estate sought to obtain workers' compensation death benefits. The cab company claimed that the estate had no entitlement to those benefits because the deceased was an independent contractor. What should the court decide? [Nelson v. Yellow Cab Co., 564 S.E.2d 110 {5.C. 2002) PART 1: Student's Post [25 points]I Please provide typed responses submitted in BlackBoard Module Discussion. Address each question and answer in complete sentences. Be sure to answer all parts of each question. You may need to refer to your textbook, the Internet and other resources in order to fully address the questions. 1. What legal tests' can be applied? What factors make up those legal tests"? 2. What are the key factors the court will probably consider? 3. What else would you like to know in order to draw a conclusion? 4. Based on these facts, make a determination, what is your conclusion? Independent Contractor or Employee 5. What are the deciding facts for you
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