Question

Please answer fast! time limit ! just need 200 words+ Business Law paper

1.Identify the key legal issue(s) and address the question raised; 2) identify and correctly summarize supportive case law and any applicable statutory law and 3) in your analysis, apply law, including case law, to the facts in the essay prompt.

Question:Bianca was hired to drive an airport shuttle for a hotel. When Bianca was hired, she signed a written contract that stated specifically that she was an independent contractor. The hotel pays her by the hour and makes no withholding from her pay for taxes. She drives the hotel’s van and wears the required uniform when she is on duty. She is on-call twenty-four hours per day and she transports the hotel’s guests back and forth to the airport at the hotel’s request. Is Bianca an employee or independent contractor? Explain and provide thorough legal analysis.

Answer 1

The employer-employee and the independent contractor status is something that has been controversial for a long time. This is mainly because the conditions are a little vague in nature, and hence can be manipulated in a way that suits one of the sides, mostly the employer side.

Anyways, the situation described here clearly suggests that Bianca shall be considered an 'employee' of the hotel. This is because she is working according to hotel's orders, and doesn't have option of skipping or not performing her duties according to her will. There are four basic requirements to call someone an employee of the company according to IRS, they are:

1) Employer should provide all the material/materials to complete the task

2) Employer should be paid in full, either on the basis of work done or on the basis of salary contract prepared.

3) Employee is bound by employer's orders and doesn't have choice to leave or skip work according to his/her wishes.

4) There's a clear act that needs to be performed as suggested by the employer.

If all the 4 conditions are satisfied, there's no way anyone can be considered an independent contractor. The most controversial among these 4 conditions is the 3rd one. Here, in Bianca's case, we can see that she's working according to hotel's orders and not according to her wishes, suggesting that the 3rd condition is fulfilled. With that, the other conditions are fulfilled too. Thus, Bianca shall be considered an 'employee' of the hotel instead of independent contractor.