1.Why is it important to classify workers correctly as either employees or independent contractors? It is very important to workers correctly as either employees or independent contractors due to tax and labor law implications. The main reason for this is contained in the Fair Labor Standards Act (FLSA). According to Fair Labor Standards Act (FLSA) , it is imperative that all employees be paid overtime for all the work that they do over the 40 hours a week standard period. Independent contractors on the other hand are self -employed individuals and are therefore not covered by the employee overtime program. When a worker is classified as an "employee", the employer must effectively pay state and federal government socials security tax, unemployment tax as well as disability/worker compensation premiums to the appropriate State Insurance Fund. The independent contractors are never to be paid any kind of benefits such as health insurance (DoL,1980). 2. Describe an employer's best approach to avoiding liability for racial harassment in the workplace. The best approach that can be used by employers in order to avoid liability for racial harassment in the workplace is to use equal opportunities policies. It is a fact that employers have the moral and legal responsibility to guide and protect their employees from any sort of harassment. Racial harassment may take place without the knowledge of the company. It is therefore necessary for the employers to come up with
The courts distinguish between an employee, defined in s.248(1) of the Income Tax Act, hereafter, ITA, as the “position of an individual in the service of some other person”. An independent contractor, is someone with a “contract for service.” The case that considered an employee versus and independent contractor was Wiebe Door Service Ltd. v M.N.R. In this case, the applicant owned a door instalment business and had a number of contractors that worked for them. The contractors were responsible for their own taxes, workers compensation and unemployment insurance. However
Citizenship in Athens and Rome has similarities and differences. Being a citizen is being a native or naturalized member of a state or nation who owes allegiance to its government. Being a citizen meant different things in each empire. The relationship between the citizen and their nation varied from their system of citizenship. Rome had a better system of citizenship because they were more open to who they allowed citizenship, they gave people they conquered citizenship, and personal grudges, judgements about others/topics would not affect the Empire.
In a study that was reviewed by Deitch and her colleagues (2003), blacks were interviewed at work about whether the felt they were being discriminated. Most participants had difficulty answering because they were not sure whether discrimination was linked to their race or different factors like gender. Such inconclusive research only adds to the haziness of work related issues defined as ones of “racial discrimination” (Deitch, Barsky, Butz, Chan, Brief & Bradley).
The employer must conduct an internal investigation by interviewing the parties involved and witnesses. The article also mentions the 1964 Civil Rights Act and the Age Discrimination Act of 1967 to explain the root of the guidelines, and gives further analysis using different clarification approaches to clarify the legal concerns involved. In order to describe prevention methods, the article straightforwardly states what a manager prerequisites. Training and informing the employees is the law. The article’s approach and statements mentioned how to deal with legal matters and to make sure that they are valid. Managing harassment and discrimination problems is not only a responsibility, but also makes good business sense. Maintaining a workplace free of discrimination and harassment by doing whatever is necessary to prevent complaints from occurring in the first place, and stopping them before they reach the level of lawsuits are acceptable methods of dealing with legal issues.
All else equal, taxpayers are more likely to be classified as employees rather than independent contractors if they are allowed to determine their own working hours and work without frequent oversight.
The most important factor in determining an independent contractor versus employee status of a worker is the amount of control the employer has over the workers in performing a particular task. McCubbin by & through McCubbin v. Walker, 256 Kan. 276, 281, 866 P.2d 790 (1994). There must be a contract between the person wanting work done and the person doing the work in order to establish either an employer-employee relationship or an independent contractor relationship. Id at 282, 866 P.2d at 795.
In a perfect world, people would be equal in rights, opportunities, and responsibilities, despite their race or gender. In the world we live in, however, we always face all kinds of neglect based on different attributes. All over the United States, certain people treat others with prejudice because of particular features they possess. Unfortunately, prejudice and discrimination occur even in places which, by definition, should be free of all personal prejudices – specifically, in offices and other business surroundings. This tragedy is called workplace discrimination; not every unfair behavior at work, however, can be assessed as discrimination. Discrimination in the workplace happens when an employee experiences unfair treatment due to their race, gender, age, religion, marital status, national origin, disability or veteran status, or other characteristics. Discrimination is one of the largest issues people face in the workplace and it must be dealt with. The U.S. have laws and regulations on discrimination but it still often occurs. Workplace discrimination appears in hiring, training, promotion, firing, and other institutional or interpersonal treatment. Discrimination sometimes causes an employee to leave or quit the workplace, resign from a position, or in more severe cases, to commit suicide or act violently against the discriminators. Discrimination is one of the largest issues many people face in the workplace.
In order for one to truly appreciate the immigration debate, a thorough examination of the legalization process must take place. The first step is a complete understanding of the laws and regulations relating to the issues governing this topic. Those questions include, what does it mean to be illegal, what is an alien, what is the difference between “admission and illegal entry”, how does a person become a legal citizen, what is the process and who is involved in this process? Understanding the answers to these basic immigration law questions can provide clarity, increase awareness and lend credence to the argument that the immigration debate is a convoluted and complex matter, which requires thoughtful, focused deliberation and not a simple
3) How far should firms go to protect and accommodate employee differences in the workplace?
All members of the staff should feel safe in their work environment. Discrimination in the workplace may cause the victim to feel unsafe, so it is the manager’s responsibility to help make them feel whole again. Investigating the act and punishing the offender can be part of the victim’s healing process. The requirement of immediate action also shows other staff members that leadership will not tolerate further actions in the workplace. Also, it is an opportunity for the manager or higher leadership to reiterate their position on zero tolerance of prejudicial behavior by any employee. Taking action and sending the message soon after the incident may also put the minds of minority employees at ease because they will know senior personnel consider their safety a
Everyone needs to be professional in the workplace environment regardless of your position status. Any employee should be able to identify and received the proper training to prevent any type of violations, or be the victim. First, I will discuss my point of view of the effects of civil right acts violations and the importance of training. Secondly, I will review the 5 different articles that describes discrimination, sexual harassment effects, replacing race to biology, colorblindness, and training.
Work place policies regarding sexual harassment is the main issue discussed in this article. Sexual harassment has continued to be a challenge within the workplace. According to a recent review of sexual harassment related resolutions, employers have paid over $732,976.00 in sexual harassment fines (Hobson, Szostek, & Fitzgerald, 2015). The EEOC has issued written guidelines for appropriate strategies employers should use to handle workplace sexual harassment and specific ways to address it. It is the employer’s duty to proactively work to protect all employees from any type of sexual harassment by following sexual harassment policies and procedures that are put in place. Failure to implement and follow the policy and procedure in the workplace can and most likely will lead to liability should an EEOC investigation or lawsuit occur. The employer needs to disperse copies of the policies and procedures and post them in central locations throughout the organization and address sexual harassment in the employee handbooks. The policy and procedures need to clear
8.Select one (1) case in which a court charged an organization with an affirmative action violation and one (1) case in which a court charged the organization with not managing harassment issues more expeditiously. Recommend an action plan geared toward preventing the issues addressed in both cases within your selected organization. Justify your recommendation.
There are many problems associated with racial discrimination in the workplace that are left unattended. As I once stated before, one of the largest problems that occurs because of racial discrimination in the workplace is the fact that the workers who are discriminated against
As some people are concerned whether they are considered an employee or independent worker which is misclassification; primarily employees pay certain taxes and documents assigned by the government and company(para 1). When certain people pay employee taxes you're provided by the government and if not then you are part of an Independent labor. By far the independent workers could be a bit more simpler because it’s requirements aren’t rigorous as companies ,even though it does not include certain benefits. As Bell interprets, that there is no need to pay the benefits but the companies can also save on money due to Social Security, Medicare, and state unemployment taxes (para 11). This in other words is expressing that companies may already be linked into beneficial plans, like retirement plans, sick day period, and paid vacation and contractors don’t but would be a option that leads the contractor having some kind of form of benefits for their work. As Fisherman explains, having Independent worker could bring staffing flexibility, as some Independent Workers come from some specialty within, training, and having to deal with does not come upon them and the general contractors whose in charge does not have to worry about firing or any other circumstances(para 3). It would be more of a less confusing system for general