Question

Your company sells health insurance policies. The company has a large sales force comprised of independent contractors. Some of its sales agents, usually after a significant period of service, are promoted to the position of "sales leader." Sales leaders sign an agreement, consenting to remain as independent contractors when they are promoted. Sales leaders do little selling of policies; instead, their main responsibilities are recruiting, training, and managing sales agents. The income of sales leaders is mainly derived from overwrite commissions on their subordinates' sales. The company retains control over the hiring, firing, assignment, and promotion of sales agents. The company determines sales leaders' territories and does not permit them to sell other insurance products or operate other businesses. Sales leaders set their own hours and conduct their day-to-day activities largely free from supervision. Attendance at company meetings and training sessions is generally considered optional for sales leaders. Sales leaders receive no benefits and the company does not withhold any of their pay for tax purposes. Several sales leaders are threatening to sue for overtime pay under the Fair Labor Standards Act. a) Are the sales leaders employees or independent contractors? Describe the analysis you will conduct to determine their appropriate classification.

Answer 1

1. As per the information provided in the case, sales leaders are independent contractors since they have signed an agreement with the organization, consenting to remain as independent contractors when they are promoted. Since they are independent contractors, the company determines sales leaders' territories and does not permit them to sell other insurance products or operate other businesses. Sales leaders set their own hours and conduct their day-to-day activities largely free from supervision. Attendance at company meetings and training sessions is generally considered optional for sales leaders. Sales leaders receive no benefits and the company does not withhold any of their pay for tax purposes.

2. The analysis that are required to be conducted to determine their appropriate classification is properly ascertaining the roles and responsibilities of sales leaders and the benefits provided to them by the organization for their role. For sales leaders to be independent contractors, no benefits are to be provided to them by the organization and training is also not provided to them. If they are employees, then all the benefits, trainings, tax deductions etc shall apply to them. In this case, since no things are applicable on the sales leaders, hence they would be considered as independent contractors.