Question
Please respond to the following scenario.Using the Control test to classify Employees and Independent Contractors and the information provided in the case summary below, briefly
Please respond to the following scenario.Using the Control test to classify Employees and Independent Contractors and the information provided in the case summary below, briefly discuss why the court eventually classified Microsoft's workers as employees and not as independent contractors.
In 1989 and 1990, a group of Microsoft workers (referred to herein as "plaintiff"), signed two agreements at the time of hire: a "Microsoft Corporation Independent Contractor Copyright Assignment and Non-Disclosure Agreement" and an "Independent Contractor/Freelancer Infor-mation" document.The non-disclosure agreement provided that the worker "agrees to be responsible for all federal and state taxes, withholding, social security, insurance and other benefits."'The information document stated that "as an Independent Contractor to Microsoft, you are self-employed and are responsible to pay all your own insurance and bene- fits."" In addition, theplaintiffsreceived more cash on an hourly basis than regular employees.
Microsoft integrated these independent contractors into its workforce. The independent contractors were required to work on-site, worked on teams with regular employees, performed identical functions to regularemployees, and maintained the same hours as regular employees. The independent contractors did differ from regular employees in some respects: they wore badges of different colors than regular employees, had different e-mail account addresses, were not invited to official company functions, were not paid salaries, and were not allowed to assign their work to others.Further, they were not paid through Microsoft's payroll department, instead receiving payment for their services by submitting invoices to the accounts receivable department.
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