HRER 505 Two.docx - 1 HRER 501 ASSIGNMENT TWO HRER 501...

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1 HRER 501: ASSIGNMENT TWO HRER 501: Assignment Two Nicole Mercadante University of Pennsylvania State
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2 HRER 501: ASSIGNMENT TWO Question Set One 1. An independent contractor is listed as someone who controls the how, when, and where the work is performed. Independent contractors would benefit Far Left in that they often save the company money because you pay less for an independent contractor than you would when hiring an employee. For instance, you avoid the costs of benefits, supplies, and taxes. Independent contractors also provide Far Left staffing flexibility. Far Left can hire Jimmy C. for the specific job of selling ad space and once this job is completed than his position is no longer needed. Independent contractors also reduce the exposure to lawsuits against Far Left since Jimmy C. is not an actual employee protected by employment laws. There are benefits that pertain to Jimmy C. as well when providing work as an independent contractor. For one, as contracted employee, Jimmy c. is enabled to determine his work hours and where he works which allows for flexibility so that he can still be an entrepreneur and work on his music. Jimmy C. also gets to determine how he goes about completing his job which allows him to work independently. Lastly, as an independent contractor, Jimmy C. has the potential to increase his profit through hard work since he will start with a base pay and receive 10% off any revenue. Therefore, he is more in control of his paychecks. Overall, both parties have a lot to gain through an independent contractual agreement so long as both parties respect the relationship. 2. In the case of Jimmy C., Far Left is being sued for failure to pay minimum wage under the Fair Labor Standards act and Jimmy also filed for worker’s compensation due to his injury on the job. I must determine through the IRAC formula whether a true independent contractor
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3 HRER 501: ASSIGNMENT TWO position exist between Far Left and Jimmy C. to determine if Jimmy is eligible for any form of compensation. Issue: -Mr. Brown hired Jimmy C. as an independent contractor, however he controls a majority of how, when, and where Jimmy completes his work. For instance, he provided Jimmy with a car, cell phone, and a company jingle for Jimmy to sing to potential clients. This eliminates Jimmy from determining how he will complete his work because all of the necessary tools have been provided. -Mr. Brown calls Jimmy C. every day at 8 a.m. to ensure that he has begun his work which prevents Jimmy from determining when his work will begin and end because Mr. Brown sets the hours for Jimmy rather than letting him pick his work schedule. -Mr. Brown also put a tracker on the car that he provided to Jimmy C. for transportation. This prevents Jimmy from determining where his work will be completed because Mr. Brown can follow him throughout the day. Mr. Brown also provided Jimmy with a contact list which provides Jimmy with no freedom in determining where he can go to sell ads for Far Left.
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