I’m working on a business law discussion question and need a sample draft to help me study.
Student Reply #1 BR
An employee has a set weekly schedule. An employee gets paid a particular amount and has taxes taken out. The employer offers benefits to its employees. Grocery Stores have paid cashiers and managers. The cashiers and managers are the employees. Grocery stores uses outside companies that come in to stock particular products or demonstrate products. Most likely some of the people are not employed by the store. The other day a man was putting out Krispy Crème donuts at the store and a customer asked him how to find something in the store. He politely said, “I’m sorry, I do not know where that is at. I do not work here. Some situations are not this simple. For example, a temporary employee who has recently turned into a full-time employee.
The three tests to determine if a person is an employee are “common-law agency test, IRS 20-factor analysis, and economic realities test.” Dawn Bennett-Alexander & Lauren Hartman, Employment Law for Business 14.15,16, (9 ed. 2019). “Who has control over the employee?” Dawn Bennett-Alexander & Lauren Hartman, Employment Law for Business,14 (9 ed. 2019). “Who is in control of hiring or paying said person?” Dawn Bennett-Alexander & Lauren Hartman, Employment Law for Business, 14.15,16, (9 ed. 2019). “Does the person get hourly paid and benefits?” Dawn Bennett-Alexander & Lauren Hartman, Employment Law for Business, 8 (9 ed. 2019). “An employer has the responsibility to pay FICA, excise tax, unemployment compensation, Medicare and state taxes.” Dawn Bennett-Alexander & Lauren Hartman, Employment Law for Business 8 (9 ed. 2019). “Section 530 cites criteria to claim independent contractors.” Dawn Bennett-Alexander & Lauren Hartman, Employment Law for Business, 12, (9 ed. 2019). “The company never treated the worker as an employee, and has treated all those in similar position as independent contractors.” Dawn Bennett-Alexander & Lauren Hartman, Employment Law for Business, 12,14.15 (9 ed. 2019). “Federal taxes are filed with the worker as independent contractor.” Dawn Bennett-Alexander & Lauren Hartman, Employment Law for Business, 12 (9 ed. 2019).
An “at will employee” does not have a contract agreement and “either party can end the working relationship”. Dawn Bennett-Alexander & Lauren Hartman, Employment Law for Business,55 (9 ed. 2019). A company outside of Walmart may hire a person for a weekend job to put bikes or grills together. When that order is completed the working relationship may end.
A retaliation is when an employer has something against an employee who files a claim against the company and makes it very difficult for the employee to keep the job. Dawn Bennett-Alexander & Lauren Hartman, Employment Law for Business,82 (9 ed. 2019). An example: A man files sexual harassment, the company denies him is regular access to meetings and begins giving his work to another employee because he is deemed untrustworthy.
In the New International Bible, the King favor Daniel but the people around him were jealous and came up with a plan to get rid of Daniel. Daniel remained faithful to God and while doing so disobeyed the new laws that sent him to the lion’s den. Be honest and have compassion in the work you do but do not jeopardize your relationship with God. Daniel chapter 2.
Bennett-Alexander, D. and Hartman, L., 2019. Employment Law for Business. 9th ed. New York: McGraw Hill, pp.8,12,14.15,16,55,82.
Student #2 AP
Daniel Chapter 2 (New International Bible)
There are several tests used by the court to classify an employee, however the common-law agency test Is the predominant test used. Dawn D. Bennett-Alexander & Laura P. Hartman, Employment Law for Business 13 (9th ed. 2019). The most important factor in classifying an employee is the “right to control”. Id. The employer needs to have the right to control the work that an employee does. Id. Under the common-law agency test, courts will also consider if the worker Is paid standard wages. Id., at 14 The common law agency test will also determine employees regarding employment taxes. Id.
The difference between an employee and an independent contractor can also be defined by the IRS 20-factor Analysis. Id. at 15. In their publication, “Internal Revenue Service ‘Independent Contractor or Employee? Publication 1779” the IRS asked 20 questions to determine whether a worker is an employee or an independent contractor. Id. A few of the questions include training – whether or not the employer trained the employee which indicates the employer’s control, if the employer hires, supervises and pays assistant, if there are set hours of work and if the work is performed on the employer’s premises. Id.
An example of an employee is a floor worker at Trader Joes. They are required to work a set number of hours, clock in and clock out at the end of their shift, work on Trader Joe’s premises, retrieve their floor assignments from management, and are paid hourly. Trader Joe’s management also has the right terminate the employee’s employment. Trader joe’s employees are only allowed to do what is authorized under Trader Joes employment during their work hours.
An independent contractor, however, is a person who will contract with a person to complete a task using their own methods. Id at 7. An independent contractor generally has the freedom to complete their jobs without the direction or supervision of an employer. Id.
The at-will employment rule is that either party in an employer-employee relationship may terminate the relationship at any time. Id. at 55. However, the termination cannot be for prohibit reasons. Id. Thus, the parties can leave the relationship at any time. Id. If an employer chooses to terminate the relationship due to, for example, an employee’s sexual orientation, then that is discriminatory and is illegal. Id. Exceptions to the at-will rule also include, if any employee refuses to break the law on behalf of the employer, and the employer terminates the relationship, exercising a statutory right, fulfilling a statutory duty such as reporting for jury duty or reporting violations by the employer. Id. at 57
As Christians, we owe our employers obedience and respect, and to work well with sincerity and genuineness. Ephesians 6:5-9 ESV. If we work well, and conduct our selves with our employers the Christian way, then the Lord will cover us. Id. This still stays the same regarding this weeks readings, because as employees in the world today, we should conduct ourselves with morals, obedience and respect. And should an employer decide to conduct themselves in a negative way that is illegal or detrimental, then we as Christians have a duty to remove ourselves from that employment.