Using The Abc Test To Classify Workers

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Using The Abc Test To Classify Workers

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Author : Robert Sprague
language : en
Publisher:
Release Date : 2020

Using The Abc Test To Classify Workers written by Robert Sprague and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.

In light of California's recent adoption of the ABC employee/independent contractor classification test, this Article provides a comprehensive analysis of the ABC test's application in the platform-based (gig) economy. After first reviewing the current state of precarious work arrangements, particularly through gig work, and reviewing more traditional classification tests (the common law control test, the economic realities test, and the IRS test) as well as more recent Market Platform legislation, this Article provides a thorough examination of the factors necessary to satisfy the three parts of the ABC test. Since there are almost no reported decisions applying the ABC test to platform-based (i.e., gig) work arrangements, this Article applies its ABC test analysis to consider possible outcomes in future employee/independent contractor classification determinations for platform-based workers under the ABC test. It is hoped courts will not confuse the precarity of modern working relationships with independence.

Working With Independent Contractors

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Author : Stephen Fishman
language : en
Publisher: Nolo
Release Date : 2020-07-17

Working With Independent Contractors written by Stephen Fishman and has been published by Nolo this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-17 with Business & Economics categories.

Hire independent contractors without running into trouble Independent contractors (ICs) do every conceivable type of work—from accounting to web development—and “gig economy” websites make it easy to find and hire qualified ICs. Working with independent contractors saves your business money and gives you flexibility in hiring. But there are risks in trying to establish IC relationships. Simply calling a worker an independent contractor doesn’t make them one. This book shows you how to avoid mistakes that can lead to lawsuits or costly fines from the IRS and state agencies. Learn how to: determine who qualifies as an IC document the IC relationship in a written agreement assess the risks of hiring freelancers and gig workers safeguard your company’s intellectual property, and handle—and settle—an IRS audit. The 10th edition—completely revised to reflect the latest changes in the law—includes detailed examples of how a business should hire independent contractors. With downloadable forms: comes with invaluable forms that let you document a worker’s IC status and create strong contracts. Easy to download and tailor to your own situation, details inside.

Gig Dependence

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Author : Keith Cunningham-Parmeter
language : en
Publisher:
Release Date : 2019

Gig Dependence written by Keith Cunningham-Parmeter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.

Platforms such as Uber and TaskRabbit avoid employment obligations by categorizing their workers as “independent contractors.” Declining to follow overtime, antidiscrimination, and other workplace mandates, these platforms claim to employ no one. Applied on a grand scale, the entire project of platform labor threatens to destabilize our contemporary understanding of employment law.But not all platform workers possess the characteristics of genuine independent contractors, as courts first envisioned that category. Judges did not originally formulate the independent contractor distinction to define the boundaries of workplace protections; rather, the independent contractor classification was designed to limit the liability of masters for their servants' torts. Courts in these early cases identified certain workers--independent contractors--who possessed the skill, autonomy, and financial strength to pay for their own tortious misconduct and, accordingly, stand alone in the marketplace. Today, when judges evaluate whether gig workers are “independent contractors,” they should look for the same hallmarks of commercial self-determination that originally prompted the independent contractor distinction. Fortunately, a few recent judicial decisions have embraced a simplified standard--the so-called “ABC test”--to assess whether contemporary workers are bona fide independent contractors. In contrast to more popular tests that have produced indeterminate results, the ABC standard begins with the presumption that workers who provide labor to firms are employees. If businesses want to overcome this presumption, they must prove three separate elements to show that their workers possess the marketplace strength of legitimate independent contractors. By using the ABC test to sort workers based on their economic autonomy, courts can more effectively distinguish between normal employees and the genuine independent contractors of platform work.

The Future Of Unions And Worker Representation

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Author : Anthony Forsyth
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-01-13

The Future Of Unions And Worker Representation written by Anthony Forsyth and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-13 with Law categories.

This book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power – and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state. The study evaluates the responses of unions in each country to falling membership levels since the 1980s. It considers the US 'organising model' and its adoption in Australia and the UK, comparing this with the strategies of Italian unions which have been more deliberately focused on precarious and migrant workers. The increasing reliance of US unions on community alliances, as seen in the 'Fight for $15' and similar campaigns, is scrutinised along with new union prototypes like Hospo Voice in Australia, the Independent Workers' Union of Great Britain and SI Cobas in Italy. The book includes an in-depth analysis of union responses to the gig economy in the four countries, and the emergence of self-organised worker collectives to combat this exploitative business model. The vital role played by unions in defending the interests of workers during the COVID-19 pandemic is also examined. As well as highlighting the most successful union initiatives to meet the challenges of the past 30 years, the book assesses the strengths and deficiencies of the legal framework for union representation in the four nations. It identifies the labour law reforms needed to rebuild collectivism, but argues that more is needed than favourable laws. This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitally-active workers.

The Fair Labor Standards Act

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Author : Ellen C. Kearns
language : en
Publisher:
Release Date : 2015

The Fair Labor Standards Act written by Ellen C. Kearns and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Hours of labor categories.

Laid Off Laid Low

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Author : Katherine S. Newman
language : en
Publisher:
Release Date : 2008

Laid Off Laid Low written by Katherine S. Newman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Business & Economics categories.

Focus on, respectively: health care and health insurance; employment insecurity and labor markets; pensions, assets, and social security; the pharmaceuticals industry; and natural disasters and homeland security.

Contemporary Employment Law

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Author : C. Kerry Fields
language : en
Publisher: Aspen Publishing
Release Date : 2021-07-29

Contemporary Employment Law written by C. Kerry Fields and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-29 with Law categories.

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. p>Contemporary Employment Law, Fourth Edition, is a straightforward approach to learning the legal essentials of managing a modern workforce, through a practical, balanced discussion of employment and labor law. Designed for a one-semester course that covers the major aspects of employment and discrimination law, the text begins by identifying the differences between employees and independent contractors. In a three-part format, the authors cover the Employment Relationship, Equal Opportunity Laws, and Employee Protections and Benefits. The text is written with the student in mind, with interesting examples, concept summaries, modern topics and issues, and a clearly written narrative approach to the material. The revised Fourth Edition continues to provide the information students need in a practical and contemporary text. New to the Fourth Edition: New summary charts provide helpful overviews of complex topics: Recruitment, Selection, and Testing at the end of Chapter 2 Remedies for Discrimination Claims at the end of chapter 4 Post Hire Employment Discrimination Claims at the end of Chapter 5 Leaves of Absence at the of Chapter 11 Wage and hour claims at the end of Chapter 14 WARN Mass Layoffs and Plant Closures at the end of Chapter 14 The most up-to-date developments in employment law, with new statutes, regulations, and Supreme Court cases, including those on gender orientation and transgender status. An updated glossary which makes it easier for students to find definitions of the important terms discussed in the text. Updated forms. Professors and student will benefit from: Rich pedagogical design Landmark as well as current cases, edited to give attention to the key points while using the actual language of the court in its decision Every briefed case includes thought provoking Focus on Ethics questions Sample forms used in employment law and human resource practice are placed throughout the text and enable students to appreciate how a concept is applied in the real world. Practice problems for exam review that facilitate student learning Teaching materials Include: Instructor’s Manual Test Bank PowerPoints

Consultant Independent Contractor Agreements

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Author : Stephen Fishman
language : en
Publisher: Nolo
Release Date : 2023-09-26

Consultant Independent Contractor Agreements written by Stephen Fishman and has been published by Nolo this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-26 with Business & Economics categories.

Get Your Contract in Writing With the rise of the gig economy, independent contractor arrangements are more common than ever. Whether you’re an independent contractor or a business hiring one to work for you, a written agreement will help to protect your rights, define expectations, and prove that there’s no employer-employee relationship. Included are customizable agreements for independent contractors and freelancers in a multitude of fields, such as sales, accounting, software consulting, and construction. Along with the agreements, you’ll find detailed instructions on how to: • draft a binding agreement • define a project’s scope • preserve confidentiality • distinguish between employees and independent contractors • protect your intellectual property • amend your agreement, and • satisfy IRS requirements. Each chapter has two agreements—one geared towards the independent contractor and one geared towards the business hiring an independent contractor. The 11th edition is completely updated to provide the latest rules and regulations,

A Legal Dictionary For Museum Professionals

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Author : Heather Hope Kuruvilla
language : en
Publisher: Rowman & Littlefield
Release Date : 2021-04-15

A Legal Dictionary For Museum Professionals written by Heather Hope Kuruvilla and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-15 with Business & Economics categories.

Presented in an easily digestible format, this go-to desktop reference guide provides explanations and clarifications on a variety of legal issues and concerns facing today’s museum professional in over 200 plain-language dictionary entries. Alphabetized and extensively cross-referenced, this text will provide a quick go-to when a general introduction to or refresher of a concept is needed on the go, including: Intellectual property issues, including copyright, trademarks, and fair use Corporate issues, including nonprofit status and tax-exemption Governance issues, including boards of trustees and fiduciary duties The second edition adds over 40 new dictionary entries that address emerging issues in the field such as the 2019 FASB update and direct care of collections, plus new topics such as marital property and business structures. The text is divided into three main sections: In the first, over forty common acronyms and symbols are explained, and over twenty statutes impacted museum work are listed, with common names or acronyms plus citations provided. In the second, over 200 terms are concisely defined and situated specifically in relation to the day-to-day work of the museum professional, each cross-referenced to related definitions. In the third, ten additional topics are developed in depth, allowing the subtleties and complications to be examined and explained in an accessible plain-language manner. Further, the supplemental, in-focus section includes new chapters on museum deaccessioning and disposal, business structures, and worker classification and independent contractors in addition to updated chapters on topics ranging from intellectual property to business formation, tax-exempt status, and worker classification. Written by a past museum director with legal training, this reference book is intended to be kept within arm’s reach at a desk and be the first stop for a professional whenever a question arises.

Work In The Digital Age

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Author : Miriam A. Cherry
language : en
Publisher: Aspen Publishing
Release Date : 2021-01-31

Work In The Digital Age written by Miriam A. Cherry and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-31 with Law categories.

The first of its kind, this coursebook examines the work of the future. Work in the Digital Age: A Coursebook on Labor, Technology, and Regulation focuses on certain technologies: the platform economy and gig work, big data and people analytics, gamification, artificial intelligence and algorithmic management, blockchain technology, drones, and 3D printing. The book provides perspectives on these new and emerging technologies from employers, unions, individual workers, national courts and governments, and international organizations. Altogether, the book questions whether current systems of labor and employment regulation are adequate and appropriate to respond to these new technologies. Finally, the book examines potential policy solutions to technological unemployment including universal basic income, shorter hours, and job guarantees. The best way to shape the future of work is to create the policy changes that we wish to see now, and this book provides a blueprint for thinking about a future of work that is productive, efficient, equitable, and sustainable. Professors and student will benefit from: A focus on certain technologies: The platform economy and gig work Big data and people analytics Gamification Artificial intelligence and algorithmic management Blockchain technology Drones 3D printing Global perspectives on these new and emerging technologies from employers, unions, individual workers, national courts and governments, and international organizations Exploration of whether new systems of labor and employment regulation are necessary to better respond to these new technologies Discussion of potential policy solutions to technological unemployment including universal basic income, shorter hours, and job guarantees Notes and Questions, Problems, Exercises, and Examples, to help reinforce concepts and issues