LEGL 2700 Lecture Notes - Lecture 21: Independent Contractor

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Chapter 21 | Employment Law (Lecture)
Worker status:
o Employees vs. Independent contractor
Employees are more expensive for companies than contractors
because of benefits and taxes
SS tax and Medicare tax (Employer pays 70% of it and you pay
the rest)
o Employee categories:
Contract: spells out the terms of the employment
At-will: most employees are at-will employees; employee works at
the will of the employer, employer can fire the employee for any
reason or no reason at all
At-will exceptions:
1. Union activities
2. Discrimination
3. Whistleblower
o Non-exempt/exempt
Non-exempt: worker can get time and a half (over time pay) if they
work more than 40 hours a week
Exempt: worker cannot get over time pay if they work more than
40 hours a week
White-collar exemption: need to have a certain base salary and
be doing a certain kind of job ($455 a week)
o Interns
Was the work the intern doing related to training?
Is the work primarily in the benefit of the intern or the employer?
Did the intern displace regular employee?
Is the employer deriving any benefit from the intern?
Is the intern entitled to a job at the end of the internship?
Was there a mutual understanding b/w intern and employer about
pay?
o Minimum wage
$7.25 (covered by all employers who are under the federal labor
laws)
Farm workers, seasonal workers are not covered by minimum
wage
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