This website uses cookies to ensure you have the best experience. Learn more

Employment Categories: Classifying Workers Essay

1188 words - 5 pages

Employment categories exist to classify workers in a variety of fields and disciplines. The incorrect classifications of workers have legal as well as financial repercussions to a company should a grievance be filed with the Equal Employment Opportunity Commission.
Establishing employment types are essential in determining the legal compliance and responsibilities that an employer must comply with based on federal law. The first type of employment category is establishing if someone performing work is an actual employee. Title VII of the civil rights act of 1964 defines an employee as someone who performs work for an employer (Walsh, 2012). While this is a vague definition of what constitute an employee, it is a start. While the commonsense would suggest an employee is anyone who perform works and receive pays for the work performed. This creates a gray area that exists between the legal and commonsense definition. According to Muhi, “Black’s Law Dictionary defines “employee” as “a person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed”, Muhl, C. (2002, January 1). Bases on this definition, this would imply that an independent contractor, could not be considered an employee because the role and work vary on how it is performed, when it is performed and how much input the employer have over the process.
This type of employee is the traditional form of employment that most worker experience. It offers company benefits, advancement opportunities, and employment stability in a sense. Some disadvantages for this type of employment is the freedom that is relinquished, the creativity control and subjection to rule beyond the control of the employee.
Independent Contractor
An independent contractor is someone seen as a worker who performs tasks for pay but the contractor is immune to the typical constraints placed on an employee of a company. Their solvency, created through their ability to work efficiently. Independent contractors are free to use their marketable talents for several organizations. They are contracted for short periods to complete work that is not a part of the essential functions of the business that it would need to be a daily or ongoing relationship (Marsh 2012). In disputes, the status of an employee verses an independent contractor the burden of proof fall to the employer to validate the relationship. There are several test that the court have done in the pass to test the relationship with a business. The economic reality and common law test. There is an overlap between the two tests; the common law test stresses the right of control what part of the work performed whereas the economic reality test stresses the market and look at probability of the worker in business for themselves. The advantages for being an independent...

Find Another Essay On Employment Categories: Classifying Workers

The Americans with Disabilities Act (ADA) in the Workplace

1740 words - 7 pages social support (Corbière, et al., 2011). Organizations must work harder to encourage workers with disabilities to search for job. Planning and identifying potential obstacles by organizations to provide workers with disabilities better job opportunities will give workers a reason to look for a job. An employment specialist that understands the needs as well as the accommodations for workers with disabilities will be able to assist and develop

One Nation Under God Essay

877 words - 4 pages naturally differ in nationalities, religion, language, color, creed, sex preferences and so on and so forth. It would be almost impossible to grasp each of these characteristics into categories, therefore, classifying human beings in any way, is absurd. People classify to simplify life into categories, but it ironically turns into confusion.      Devastating effects accompany the division of this country by race


2820 words - 12 pages employment from both government and private institutions which provide data and statistics of the workers of all categories. The lack of complete current statistical data and information makes it difficult for the researchers and for the authorities to identify and address the need of labours, especially those of the fixed-term employment workers. RECOMMENDATION: It is strongly recommended that the legislature to compel the employers to provide

Flexible Staffing Arrangements

2110 words - 8 pages leisure. They can also lead to economic and emotional stress and to limited opportunities for professional growth. This Digest examines flexible work options, including the characteristics of workers who select them, the organizations that offer them, and the influence they have on worker satisfaction, performance, productivity, and career progression. Flexible Staffing Arrangements Over the years, employers have established employment

Why the Range of Indicators Used to Measure Development Has Increased in Recent Years

756 words - 3 pages quality of life this gives the ideology of development a more multi dimensional view thus a better understand of what a developed country is. There are three categories that are used to measure development they are economic, social and demographic. Some economic factors used to measure development are GNP, Infrastructure and energy consumption. GNP has always traditionally defined a countries development, with GNP

Title : Describe Potential Forms Of Discrimination In Businesses

4335 words - 17 pages Discrimination any situation in which a group or individual is treated unfavorably based on prejudice, usually against their membership of a socially distinct group or category. Such categories include ethnicity, sex, sexual orientation, religion, socio-economic status, age, and disability. Discrimination applying to the equal availability of employment opportunities, housing, and goods and services is widely legislated against.GenderA person


8308 words - 33 pages composed of seven experts appointed following consultations with governments, seven following consultations with the Employers' group and seven following consultations with the Workers' group of the Governing Body.1 1 Experts appointed following consultations with governments: Mr. W. Allescher, Engineer, Ministry of Labour and Social Affairs (Germany). Dr. E. C. Enabulele, Deputy Director of Factories, Federal Ministry of Employment (Nigeria). Mr. P

Philippine Qualification Framework for Labor

747 words - 3 pages education system. According to Labor and Employment secretary Rosalinda Baldoz, “It will boost the national and international confidence of workers because of the quality of teaching, assessment, and the valid awarding of officially recognized qualification in the country.” 1(DOLE, 2013) The Filipino workers have a better chance in the international labor market. Alignment of Philippine qualification to international standards will support the mobility

Employer association

1757 words - 7 pages Industrial relations in Australia is undergoing considerable change. The counterpart organisations to unions for employees are, of course, employer associations. This paper argue that employer associations exist to provide to employers, services to enable them to cope with the demands of unions and the complexities of employing staff in terms of wages to be paid and other legal obligations under awards, health and safety legislation, workers

Dyxlexia and Comorbidity

2110 words - 9 pages overlap in these developmental disorders, in addition to the learning difficulties posed by dyslexia alone, have called into question the propriety of classifying dyslexia as a discrete condition and as an impairment solely of reading ability. Children with dyslexia become adults with dyslexia, which means negative experiences with dyslexia as a child can have some lingering effects in the adult with dyslexia. Distinguishing the social and

Islam and Feminism in Iran: Rethinking Gender in Transgression and Resistance

869 words - 4 pages with their description of ‘equality’ and their understanding or interpretation of Islamic discourse. One sharp example of classifying these women has been defined by Shekarloo. She states: One can find within the movement’s ranks religious women who shy away from the term feminist, “Islamic feminists’’ who argue that women’s rights can be provided for by Islamic law, “Muslim feminists’’ who come from religious backgrounds but not use Islamic law

Similar Essays

Fixed Term Contract Essay

2460 words - 10 pages the various categories of contractual employment as managed to be done by the legislature in the United Kingdom as pointed out by Desmond. Thus, researchers were compelled to include the workers contracted under trilateral employment contract in the scope of our research to highlight the predicaments faced by the workers as the contract workers contracted under bilateral or trilateral contract is not theoretically different. 1.2 PROBLEM

Disability Discrimination In The Workplace Essay

2385 words - 10 pages . Employers may also gain by expanding the number of eligible workers through continuing the employment of those who become disabled, since valuable expertise acquired on the job and through work-related training is retained. Throughout the world, people with disabilities are participating and contributing in the world of work at all levels. However, many persons with disabilities who want to work do not have the opportunity to work due to many

Employment Insurance Essay

2003 words - 9 pages three of the Employment Insurance Act, the Commission yearly looks over and is able to make any adjustment, to the premium rates of insured workers and employers. Part four of the Act is under the obligation of the Minister of National Revenue. The Minister of National Revenue is in charge of making, “the decisions on insurability of employment and on the amount of both insurable earnings and premiums payable with respect to insurable employment

The Right To Live In Japan

883 words - 4 pages workers to exercise their skills and abilities, and to provide a livelihood for workers who have no chance to work.41 Article 28 provides three fundamental rights of the workers: the right of workers to organize, to bargain collectively and to strike. It further states for provisions of law to regulate standards for wages, working hours, breaks and other working conditions. Japanese labor legislation includes a number of laws to regulate employment