You are a manager at a large hotel property or restaurant (you can choose).All departments are under a directive from both the President and Human Resources to keep costs down!!There is a current vacancy in your department and your director asks you to facilitate hiring the new worker.Your director makes it clear, as part of the cost-cutting directives, you must avoid paying benefits and providing leave to the new worker.Furthermore, your director wants to avoid any and all employment law obligations.The President indicated she wants to maintain flexibility in the employment relationships of newly hired workers and wants your new hire classified as an independent contractor.

Here are the details of the position:

1.The position is a sales-based position.

2.The worker would market and sell for the hotel or restaurant.

3.The worker would sign a contract prohibiting him/her from working for any competitors.

4.The worker and the hotel would execute a contract identifying the worker as an "Independent Contractor."

5.The worker is required to make a business entity to whom the hotel would "do business" with.

6.The worker would receive and comply with all policies and procedures in the employee handbook.

7.The worker must comply with the hotel's "marketing guide."

8.The hotel will agree to compensate the worker $2,500.00 per month to be on call and receive commission on any sales.

Write by identifying the correct classification of the worker, e.g., Employee or Independent Contractor.Be sure to address each of the above-referenced issues (1 - 8) in your write up.Your conclusion may include one of the following:

1.Employee with no additional clarification needed.

2.Independent Contractor with no additional clarification needed.

3.Probably an employee, but because of _____________, could be an independent contractor.

4.Probably an independent contractor, but because of _______________, probably an employee.

These are not the ONLY ways to summarize your conclusion, they are merely suggestions.The bottom line is, you are applying what you researched (the chart assignment) to the facts above and then making a decision regarding the correct and legal worker classification, Employee or Independent Contractor.