BA621-L6A7 - February 1 2010 BA621 Business Law Lesson#6...

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February 1, 2010 – May 21, 2010 BA621 Business Law Lesson #6 Assignment #7 Case 15-1 Summary: Daws Critical Care Registry, Inc. v. Department of Labor, Employment Security Division This case (pages 415-416 of your text) is in the book to show the scrutiny courts give to employers’ classification of workers as independent contractors. The workers were nurses who worked for Daws, a critical care registry. The defendant claimed Daws should pay unemployment taxes for the nurses. Daws objected, claiming the nurses were independent contractors, so he did not have to pay unemployment taxes. The court ruled for plaintiff Daws after applying the ABC test. The ABC test is outlined clearly in the first paragraph of the case. The court decided that Daws did not have enough control over the nurses for them to be employees. Also, the court agreed that Daws was, in effect, a ‘broker" or middleman for nurses. Finally, the court found it significant that the nurses were in a "profession." Answer the following questions (found on page 416 of your text).
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