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Defining An Employee And Employer Essay

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Defining an employee or employer is not always clear cut, as it varies depending on the statute, case law, or other analysis (Bennett-Alexander & Hartman, 2015). However, defining an employee and employer is important because the individual knows what role he or she must assume in the workplace. According to Bennett-Alexander & Hartman (2015), the employment relationship is based on the law of the agency, where the individual must act on behalf of another (Bennett-Alexander & Hartman, 2015). Further, the employer is referred to as the principal, which has the authority and power to do certain things (Bennett-Alexander & Hartman, 2015). The employer also has the responsibility of classifying individuals as employees or independent contractors, in accordance with the Fair Labor Standards Act of 1938 (Bennett-Alexander & Hartman, 2015). Such classifications determine whether the employer is responsible for providing/offering benefits to the employees as well as follow appropriate guidelines in order to be in compliance with tax regulations. Furthermore, the employer/principal is expected to act in good faith, act professionally within the confines of their responsibilities, provide a safe and healthy work environment to prevent an agent from harming the agency relationship (Bennett-Alexander & Hartman, 2015). Employers may sometimes be guilty of misclassifying in an attempt to save money, however, falsifying such information can have repercussions in a court of law
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