The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Chapter 19, Problem 1IS
Summary Introduction
Case s ummary : The person W contracted with XC, a broadcast media firm, to co-host an internet-streaming sports program. W was required to work for a certain number of days and for a certain amount of salary. W had no other obligations to XC except the work assigned to her.
To find: The employee status of W as an independent contractor.
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A former Google worker sued the tech giant and the online staffing firm oDesk (now part of Upwork, a global freelancing platform) alleging that he and others were misclassified as independent contractors rather than Google employees. According to the suit, the employee was paid as an independent contractor through oDesk and assigned projects that were impossible for him to complete in the maximum 30 hours per week that he was authorized to bill. This forced him to work additional hours on his own time, without the benefit of overtime pay to which he was legally entitled to under the Fair Labor Standards Act. Google also provided the worker with a mobile phone, tablet, and laptop computer while he worked at Google offices in New York. Google further required that the worker use Google proprietary software and conform to the employee code of conduct in regards to absenteeism, blogging, and dress code. The worker complained about nonpayment of the additional work hours and attempted to…
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Chapter 19 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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