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Chapter31AgencyFormationAndDuties

Chapter31AgencyFormationAndDuties - Chapter 31 Agency and...

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Chapter 31: Agency and Employment I. Agency Relationships a. Principal-agent relationship i. Fiduciary Relationship – relationship involves trust and confidence b. Employer-Employee (presumed agency) i. Social Secruity ii. Withholding taxes iii. Worker’s compensation iv. Unemployment Compensation v. Workplace Safety vi. Employment Discrimination vii. FLSA overtime laws c. Emloyer-Independent Contractor i. Independent Contractor – a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other’s right to control with respect to his physical conduct in the performance of the undertaking. He may or may not be an agent ii. Easy Call – lawyer, doctor, engineer, etc… d. Determining IC Status i. How much control does the employer exercise over the details of the work? 1. If employer has considerable control over details of work and day-to-day activities of worker, this indicates employee status. ii. Is the worker engaged in an occupation or business distinct from that of the employer?
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