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Frank works 2 5 hours per week for a mail order firm in the packaging department and was offered, in the same firm, an independent
Frank works hours per week for a mail order firm in the packaging department and was offered, in the same firm, an independent contract, not as an employee, to do the same work in the packaging department. He receives no benefits other than those required by law. Frank does the same work as three other employees all of whom work full time. These employees qualify for pensions, medical care, long term disability, child care, etc.
Is this legal?
a The FLSA and the Puerto Rico law permit the company's actions with Frank.
b The FLSA and the Puerto Rico law both indicate that employees that do the work of an employee cannot be classified an independent contractors.
c The company should comply with the FLSA and the Puerto Rico law because a misclassification could cost the company high fines in addition to back pay to Frank
d The FLSA and Puerto Rico law requires that part time employees such as Frank receive the same benefits as any other employee
e All of the above
f Only B and C
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