Case Briefs.Week8

Case Briefs.Week8 - rsKelly Bowers 103679426 Case Briefs...

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rsKelly Bowers 103679426 Case Briefs Week 8 F ACTS : Alberty-Vélez (∏) was a television host for a television station owned by Coporación de Puerto Rico (∆). ∏ signed a new contract for each episode of the show she hosted rather than signing one whole contract for a season or a given number of years. ∆ paid her a wage per episode but did not withhold income or social security taxes, did not provide health insurance, life insurance, sick leave, maternity leave or other employer-employee style benefits. ∏ became pregnant and ∆ stopped contracting with her. ∏ filed a discrimination suit saying that she was discriminated against based on her pregnancy. The court judged in ∆’s favor and ∏ appealed. I SSUE : Based on common law, would ∏ be considered an employee of ∆ or an independent contractor? R ULE OF L AW : Common law, statutes regarding discrimination and employment/agency A NALYSIS : Several factors favor classifying ∏ as an independent contractor. As an actress ∏ would require talent and training not provided for by on-the-job employer training. ∏ served as a drama teacher at University of Puerto Rico and acted in several theater and television productions prior to her affiliation with ∆. ∏ provided the tools and instruments necessary for her to perform such as image-related supplies and services. ∆ could not assign work unrelated to the given television program. ∏’s compensation was based on the completion of her task not time. ∆ did not provide ∏ with benefits. ∏’s tax treatment suggest independent-contractor status. Despite this, ∏ claims that ∆ controlled the manner of her work thereby treating her as an employee but in the court’s opinion, not to the degree that indicates employee status. C ONCLUSION : The US Court of Appeals affirmed the lowe court’s judgment in ∆’s favor. F ACTS : Wiedmaier Truck Stop (∆) is owned by Jerry and Marsha Wiedmaier. Their son Michael is not an owner of the company but has worked as a fuel truck operator. Motorsport Marketing, Inc. (∏) sells racing collectables and memorabilia to retail outlets. Michael faxed a credit- application to ∏ and Marsha signed the form as “Secretary-Owner” of ∆. Michael also added himself to the list of owners. A credit line was approved. Michael then formed Extreme Diecast,
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Case Briefs.Week8 - rsKelly Bowers 103679426 Case Briefs...

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