Contingent Employees
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The document discusses issues around joint employer liability for contingent or temporary employees. It provides statistics showing that 2.5-5.7 million US workers are contingent, with many being young or educated. It defines different types of contingent workers and discusses the legal definition of a joint employer relationship. The document summarizes several court cases where joint employer status was found. It concludes by providing recommendations for companies to avoid being deemed joint employers, such as maintaining arms-length relationships with contractors and making clear which company is the legal employer.
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![Contingent Employees: Joint Employer Issues with Temporary and Leased Employees Under Various Arrangements Kira Fonteneau The Fonteneau Firm 2229 Morris Avenue Birmingham, AL 35203 (T) 205.533.9202 (F) 866.730.1427 www.kirafonteneau.com [email_address]](https://image.slidesharecdn.com/contingentemployees-1223623299573099-8/85/Contingent-Employees-1-320.jpg)
![Contingent Workers ,[object Object],[object Object],[object Object],[object Object],[object Object]](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
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This document discusses the regulation of employment relationships. It covers the balance between freedom of contract and regulatory protections for employees. Key topics include the differences between employees and independent contractors, tests to determine classifications, definitions of "employer", risks of misclassification, and parameters of non-compete agreements. Proper classification of workers and contract terms are important for employers to avoid legal and financial risks.
Keith SrakocicAssociated PressIssues in EmploymentUni.docx
Keith Srakocic/Associated Press
Issues in Employment
Unit VI
Chapter 21 Establishing the Employment Relationship
In this chapter you will:
• Identify the unique characteristics and liabilities of different categories of workers.
• Understand how respondeat superior and negligent hiring affect an employer’s
liability.
• Identify major legislation that governs employment–management relations.
sea80373_21_c21_287-306.indd 1 10/4/12 3:27 PM
Chapter 22 Introduction to Antidiscrimination Law
In this chapter you will:
• Understand the Commerce Clause and the Affectation Doctrine and the role of each
in enforcing antidiscrimination law.
• Understand the major components to a discrimination lawsuit, what each party
needs to prove, and their respective burdens of proof.
Chapter 23 Discrimination on the Basis of Race
In this chapter you will:
• Understand the application of Title VII to race discrimination and how it impacts
business.
• Identify steps that a manager can take to avoid race discrimination lawsuits.
Chapter 24 Discrimination on the Basis of Sex
In this chapter you will:
• Understand the application of Title VII to sex discrimination and how it impacts
business.
• Identify other key legislation related to discrimination based on sex.
Chapter 25 Sexual Harassment
In this chapter you will:
• Distinguish between different forms of sexual harassment.
• Understand what an employer’s liability is in sexual harassment cases.
Chapter 26 Other Types of Discrimination
In this chapter you will:
• Understand the application of Title VII to religious discrimination and how it
impacts business.
• Understand the application of Title VII to discrimination based on national origin
and how it impacts business.
• Understand the provisions of federal legislation that cover discrimination based on
disability and age.
• Identify examples of discrimination against nonprotected classes.
sea80373_21_c21_287-306.indd 2 10/4/12 3:27 PM
Establishing the
Employment Relationship 21
In thinking about setting up a business, you may have considered that all workers are classified as employees, but this is not true. There are, in fact, numerous forms that an employer–employee relationship can take or transform into. This chapter begins with those types of relationships and
examines the liability that can result from each. It will then look at some of the major labor law leg-
islation from the 20th century.
21.1 Employer–Employee Relationship
When an employer hires someone to work, the likelihood is that person will be categorized as an employee. Many students are unaware that the worker could actually be categorized in numerous ways: as an employee, an agent, or a servant. Some workers are not employ-
ees at all, but rather independent contractors (see Table 21.1). Each one of these types of workers
has unique characteristics and liabilities.
What makes someone an employee? It is well settled in law that employees ha ...
background-ppt-template-012
This document discusses rules and regulations related to outsourcing. It outlines key factors in determining the employer-employee relationship for contract labor. The main points are that contract labor are employees of the contractor, not the principal employer, unless the principal exercises direct control and supervision. There must be a clear agreement between the principal employer and contractor regarding wages and benefits for contract laborers. The law does not prohibit outsourcing for any sector but certain labor acts and regulations apply for contract laborers performing similar work as regular employees.
Lina Franco - What is labour and employment law?
An employer has a responsibility of care to provide for its employees a safe and professional working environment.
54Chapter 3 • The Legal Context54Chapter 3 • The Legal Conte.docx
54
Chapter 3 • The Legal Context
54
Chapter 3 • The Legal Context
50 Chapter 3 • The Legal Context
Chapter 3 • The Legal Context 51
· Enhances the quality of the firm's hiring decisions.
· Enhances the company's reputation and image as an employer.
· Promotes the perception of fairness among job candidates.
· Reduces the negative public relations firms experience when people feel they were discriminated against and tell others about their experience.
· Reinforces an ethical culture.
· Enhances an organization's performance by ensuring that people are hired or not hired based on their qualifications, not biases.
· Promotes diversity, which can enhance an organization's ability to appeal to a broader customer base.
Given that entire books have been written on employment law, this chapter's coverage of the major government regulations and legal issues involving staffing cannot cover every detail. This book is not intended as a legal reference, and it does not constitute legal advice. The purpose of this chapter is to provide an overview of some of the key laws and legal issues surrounding staffing and to identify resources for additional information. The chapter will also give you a good understanding of how to prevent discriminatory or illegal staffing practices. Laws change and differ from state to state, and they evolve over time, so you should always consult legal counsel to ensure compliance with current local, state, and federal regulations.
In this chapter, we first discuss various types of employment relationships, their legal implications, and the influence of labor unions. Next, we cover some of the primary laws and regulations regarding staffing, different enforcement agencies, and different types of staffing-related lawsuits. Finally, we discuss barriers to legal recruitment and hiring. After reading this chapter, you should have a good understanding of how to create a legal staffing system.
THE TYPES OF EMPLOYMENT RELATIONSHIPS
Employers use different types of employment relationships to strategically manage their workforce and ensure that they have the number of workers with the skills they need ready to work when they need them. Let's look at these different employment relationships and their legal implications.
52 Chapter 3 • The Legal Context
Chapter 3 • The Legal Context 51
EMPLOYEE
someone hired by another person or business for a wage or fixed payment in exchange for personal services, and who does not provide the services as part of an independent business
EXPLICIT EMPLOYMENT CONTRACT
specific written or verbal employment contract
IMPLICIT EMPLOYMENT CONTRACT
an understanding that is not part of a written or verbal contract
AT-WILL EMPLOYMENT
an employment relationship in which either party can terminate the employment relationship at any time for just cause, no cause, or any cause that is not illegal with no liability as long as there is no contract for a definite term of employment
Types of Employees
EMPLOYE.
20 Factor Test Employee Or Sub Contractor
This document gives greater detail on the 20 Factors the IRS and other taxing agencies use during an audit. Much more clear than the IRS publication, but note - not published by the IRS.
In various occupations, workers may be prohibited from exercising .docx
In various occupations, workers may be prohibited from exercising certain rights that, outside the workplace, cannot (or, perhaps, should not) berestricted. At the same time, it has been argued that some behaviors may be restricted by some employers, even when the worker is not atwork, or their off-duty activity or conduct. This can lead to difficult conflicts between employer and employee, as well as among employees.Here we will look at some restrictions that may be imposed to investigate to which rights restrictions employees can and cannot object. We willbegin this discussion by looking at a real-life incident involving employee activity outside of the workplace.
In September 2012, a number of paramedics were placed on administrative leave by their employer for working for another company. Thecompany, American Medical Response Incorporated (AMR) of Connecticut, provides emergency medical care (ambulances, paramedic services,etc.). The suspended paramedics were working for another company, Valley Emergency Medical Service (VEMS).
AMR argued that suspension was appropriate because the other company was a competitor, both companies having bid on a service contract.The paramedics, in response, argued that being suspended was a violation of their rights, and began preliminary work toward a lawsuit underConnecticut's Unfair Trade Practices Act.
What can and cannot any company control about what their employees do when they are not actually at work? AMR argued that theparamedics were aware that they could not work for a competitor; the paramedics claimed that AMR could not legally prevent them from doingso outside of the work they did for AMR.
4.1 The Issue: Restricting Employees' Rights as a Condition of Employment
The case involving the AMR employees is one example of the kind of conflict that arises in the workplace. Those who are in positions ofmanagement and those who work for management often have very different views of what is justified, in terms of what one can do with one'stime off the job. As is so often the case in ethical disputes, few if any would accept the extremes here. For instance, probably no one wouldargue that salaried employees must do everything their bosses tell them; that would amount to something along the lines of one's bossdictating that worker's life. At the same time, just as few would argue that salaried employees can do whatever they wish, regardless of theeffect on the company for which they work. It is in between these extremes that tensions arise, and where the rights of the employers must beweighed against the rights of the employees.
At-Will Employment
Workers are said to be at-will employees, meaning an employer does not need to show cause for terminating the worker in question, whenthey are not protected by union contracts, civil service law, or other such provisions. They can be fired for any reason that does not conflictwith the law, and the employer is not obligated to show why the employee was fired.
T.
AWR Regulations, Are You Prepared?
The new Agency Worker Regulations that come into force in October 2011 are intended to provide temporary agency workers with equal pay and basic employment conditions as directly-hired employees after 12 weeks. The regulations do not change agency workers' status or entitle them to benefits like sick pay or pensions. After 12 weeks, agency workers are entitled to equal pay, working hours, overtime, and leave. Hirers and agencies must work together to determine equal treatment and share information. The regulations are aimed at preventing circumvention of equal treatment through complex anti-avoidance provisions.
Hiring Workers as Employees vs Independent Contractors.pptx
GROWTH Business Information Series
A monthly informational series to learn key aspects of business ownership hosted by the HEB Chamber GROWTH Goal Team
Hiring Workers as Employees or Independent Contractors
Presented by:
Susan Looney
Insight HR Strategies
Chapter 13Employees Rights and DisciplineCopyrig
This chapter discusses employee rights and discipline. It covers employee privacy rights, employer surveillance, disciplinary policies, and alternative dispute resolution methods. Employee rights include protection from unfair disciplinary actions and privacy of personal files and communications. However, employers have responsibilities to maintain a safe and productive work environment. This can create conflicts with employee rights. The chapter explores areas where these conflicts may arise, such as with drug testing, email monitoring, and employee searches. It also discusses disciplinary procedures and policies that aim to correct unacceptable behavior rather than punish employees.
Oregon Employment Law Update May 2012 (00259821)
This speech provides the viewer with updates in Oregon and federal law (primarily from 1/1/12-present).
Contracting and subcontracting
This document defines contracting and subcontracting as an arrangement where a principal outsources a job to a contractor within a set time period, whether completed on or off the principal's premises. It establishes guidelines for contractual relationships and protections for contractual employees, including enforcing labor standards, social security benefits, and the right to organize. Labor-only contracting is prohibited, and the principal can be held jointly liable with the contractor for violations of labor laws.
Federal Agency Rules Hush Money Payment in a Severance Agreement is Unlawful....
The National Labor Relations Board (NLRB) recently ruled that language commonly used in severance agreements is unlawful. The Board stated these provisions conflict with ex-employees’ rights to discuss the terms and conditions of their employment with others. Their February decision hasn’t been appealed as of this writing, but it probably will be.
https://kingstonlawgroup.com/federal-agency-rules-hush-money-payment-in-a-severance-agreement-is-unlawful/
In various occupations, workers may be prohibited from exe.docx
In various occupations, workers may be prohibited from exercising certain rights that, outside the workplace, cannot (or, perhaps, should not) be restricted. At the same time, it has been argued that some behaviors may be restricted by some employers, even when the worker is not at work, or their off-duty activity or conduct. This can lead to difficult conflicts between employer and employee, as well as among employees. Here we will look at some restrictions that may be imposed to investigate to which rights restrictions employees can and cannot object. We will begin this discussion by looking at a real-life incident involving employee activity outside of the workplace.
In September 2012, a number of paramedics were placed on administrative leave by their employer for working for another company. The company, American Medical Response Incorporated (AMR) of Connecticut, provides emergency medical care (ambulances, paramedic services, etc.). The suspended paramedics were working for another company, Valley Emergency Medical Service (VEMS).
AMR argued that suspension was appropriate because the other company was a competitor, both companies having bid on a service contract. The paramedics, in response, argued that being suspended was a violation of their rights, and began preliminary work toward a lawsuit under Connecticut's Unfair Trade Practices Act.
What can and cannot any company control about what their employees do when they are not actually at work? AMR argued that the paramedics were aware that they could not work for a competitor; the paramedics claimed that AMR could not legally prevent them from doing so outside of the work they did for AMR.
4.1 The Issue: Restricting Employees' Rights as a Condition of Employment
The case involving the AMR employees is one example of the kind of conflict that arises in the workplace. Those who are in positions of management and those who work for management often have very different views of what is justified, in terms of what one can do with one's time off the job. As is so often the case in ethical disputes, few if any would accept the extremes here. For instance, probably no one would argue that salaried employees must do everything their bosses tell them; that would amount to something along the lines of one's boss dictating that worker's life. At the same time, just as few would argue that salaried employees can do whatever they wish, regardless of the effect on the company for which they work. It is in between these extremes that tensions arise, and where the rights of the employers must be weighed against the rights of the employees.
At-Will Employment
Workers are said to be at-will employees, meaning an employer does not need to show cause for terminating the worker in question, when they are not protected by union contracts, civil service law, or other such provisions. They can be fired for any reason that does not conflict with the law, and the employer is not obligated to show why .
Tort - Vicarious liability
Please do not reupload or misuse for profit. For reading purpose only. Credits belong to the original creator of the slides.
Independent Contractor vs Employee
An individual who contracts with an entity to perform a service independent of the entity’s management and control is considered to be an Independent Contractor (IC)
Competency 7 Ethical Practice SHRM CO.docx
Competency 7: Ethical Practice
S
H
R
M
C
O
M
P
E
T
E
N
C
Y
M
O
D
E
L
Definition
The ability to integrate core values,
integrity, and accountability throughout all
organizational and business practices.
Rapport Building
Trust Building
Personal, Professional, and Behavioral
Integrity
Professionalism
Credibility
Personal and Professional Courage
Maintains confidentiality
Acts with personal, professional, and behavioral integrity
Responds immediately to all reports of unethical behavior or conflicts of interest
Empowers all employees to report unethical behavior or conflicts of interest
without fear of reprisal
Shows consistency between espoused and enacted values
Acknowledges mistakes
Drives the corporate ethical environment
Applies power or authority appropriately
Recognizes personal bias and others’ tendency toward bias, and takes
measures to mitigate the influence of bias in business decisions
Maintains appropriate levels of transparency in organizational practices
Ensures that all stakeholder voices are heard
Manages political and social pressures when making decisions
Behaviors
(These are most typically demonstrated by individuals at the
highest level of proficiency on the indicated competency)
Proficiencies by Career Level
Sub Competencies
(competencies related to and/or subsumed by the
relevant general competency)
©2012 Society for Human Resource Management
Supports training programs regarding ethical laws,
standards, and policies
Demonstrates accountability for actions
Behaves in a manner consistent with the difficult decisions
made by management
Identifies potential conflicts of interest
Follows policies consistently
Documents and escalates reports of unethical behavior to
management
Maintains employee confidentiality throughout appropriate
business processes
Maintains knowledge of internal organizational controls
Maintains awareness of ethics laws, standards, legislation,
and trends that may affect organizational HR practice
Supports HR policies, procedures, and guidelines
Establishes one's self as a credible and trustworthy source
for employees to voice concerns
Maintains general knowledge of ethical laws, standards,
legislation, and trends that may affect organizational HR
practice
Reinforces difficult decisions that align with organizational
strategies and values
Establishes one's self as a credible resource for all issues
involving employees and management
Develops and supports systems for reporting unethical
behavior
Enforces policies consistently
Establishes one's self as a credible and trustworthy source for
employees to voice concerns
Influences others to behave in an ethical manner
Performs as an ethical role model and positively influences
managerial integrity and accountability
Implements training programs.
Agency and Labor LawThe Principal’s Liability on the Contract.docx
Agency and Labor Law
The Principal’s Liability on the Contract
Assignment
Crash agrees to have Steve represent him in various transactions as an agent to secure him performance contracts and endorsement deals.
Crash writes a letter to Bob that Steve is his agent. Unbeknownst to Bob, Crash specifically instructed Steve to only make endorsement deals with Bob. However, Steve signs a contract for Crash to attend a birthday party performance.
In all other cases, Steve has express authority to enter into any contract on behalf of Crash. So Steve makes a contract with Jimmy for a performance at a bar. Jimmy knows Steve is an agent, but he doesn’t know who Steve is an agent for.
Finally, Steve makes an endorsement contract with Fred.
Fred has no idea whether Steve is representing anyone.
Is Crash liable for any of these contracts?
Is Steve liable for any of these contracts?
The requirements below must be met for your paper to be accepted and graded:
NO PLAGARISM!!!!!!!!!!!
Write between 500 – 750 words (approximately 2 – 3 pages) using Microsoft Word.
Attempt APA style, see example below.
Use font size 12 and 1” margins.
Include cover page and reference page.
At least 60% of your paper must be original content/writing.
No more than 40% of your content/information may come from references.
Use at least two references from outside the course material, preferably from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the two reference requirement.
NOTES
Business Law II
Agency
This lecture will cover the law concerning agency.
In a principal-agent relationship, the parties have agreed that the agent will act on behalf and instead of the principal in doing business with third persons. This has some profound consequences, as this will make the principal liable for contracts entered into by the agent and for misdeeds of the agent in many situations. Nonetheless, principal-agent relationships are very common. For example, the employer-employee relationship is one example of such a relationship as is the employer-independent contractor relationship. The significant distinction between these two relationships is the amount of control the principal exercises over the agent in the course of the agent’s duties. And although these two types of principal-agent relationship seem similar, the consequences stemming from each classification are very significant. These consequences include the principal’s liability for the torts of the agent and the principal’s legal obligations toward the agent. For example, the doctrine of respondeat superior will hold the principal liable for torts committed by the agent in most situations. However, it does not apply in the independent contractor situation.
These relationships can be formed in various ways. However, all these relationships require an affirmative indication that the agent agrees to act for the principal and the principal agrees to have the agent .
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原版一模一样【微信：741003700 】【加拿大萨省大学毕业证文凭证书】【微信：741003700 】学位证，留信认证（真实可查，永久存档）offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原海外各大学 Bachelor Diploma degree, Master Degree Diploma
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
官方认证美国旧金山州立大学毕业证学位证书案例原版一模一样
原版一模一样【微信：741003700 】【美国旧金山州立大学毕业证学位证书】【微信：741003700 】学位证，留信认证（真实可查，永久存档）offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原海外各大学 Bachelor Diploma degree, Master Degree Diploma
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Learnings from Successful Jobs Searchers
Are you interested to know what actions help in a job search? This webinar is the summary of several individuals who discussed their job search journey for others to follow. You will learn there are common actions that helped them succeed in their quest for gainful employment.
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