Imagine you continuing your first year as a human resource specialist at Sugar Estates estate planning firm. As a first-year human resource specialist, your boss (Son Ray) presents you with the following scenario.
Scenario:
Donny, an estate planner, works on a contract basis for our clients at Sugar Estates. On occasion, we contract John to handle a specific client for a specific estate planning job. Per our contract with Donny for these specific clients, he is paid a commission on a weekly basis based on the overall fee received by the firm. When working for these specific clients, Donny is able to use our office space, equipment, and any supplies necessary to complete the job. To ensure a consistent work product and regulatory compliance, Donny submits his work to a supervisor, who approves it and sends it to the client on behalf of our firm. Recently, we had to lay Donny off in the middle of a job, and he filed for unemployment compensation.
Research relevant U.S labor laws on employee protection and personnel management.
Write a paper that will create awareness of the basic labor laws related to personnel management among the organization’s employees.
Address the following in your paper:
· What legal tests could be employed to determine whether Donny is an independent contractor or employee?
· Based on these tests, what is your conclusion as to Donny’s status: independent contractor or employee?
· Discuss the applicable labor laws for protecting 1) the employee and 2) the independent contractor.
· Discuss your thoughts on the organization’s liabilities when a contractor gets terminated from service.