30 Jun Employee and independent contractor legal analysis
Question Description
Identify and addresses the key legal issue(s).
Analyze substantive and apply law to facts in essay prompt. Analysis is well reasoned and logical, NO MORE THAN 300 WORDS. Conclusion is supported.
Identify and correctly summarize supportive case law (facts and ruling) and any applicable statutory law from course material.
Attached are two case study’s that need to be used in the essay and power points. DO NOT QUOTE OR CUT AND PASTE FROM ANY SOURCE; PARAPHRASE IN YOUR OWN WORDS
Essay requires legal analysis (apply the law and legal terminology you are learning to the prompt) and case law support (brief summary of the facts and ruling of the case, an explanation of how the case supports your analysis, and remember to provide the name of the case).
THE PROMT:
Martine was hired to drive an airport shuttle for the Happy Valley Inn. When Martine was hired, she signed a written contract that stated specifically that she was an independent contractor. The Inn pays her by the hour and makes no withholding from her pay for taxes. She drives the Inn’s van and wears the required uniform when she is on duty. She in on-call twenty-four hours per day and she transports the Inn’s guests back and forth to the airport at the Inn’s request. She has worked for the Inn for 20 months. She worked at least 30 hours per week during that period and in 31 different weeks she worked 40+ hours. Because of the remote location of the Happy Valley Inn and the fact that Martine is on call 24 hours per day, she does not work for anyones else. Is Martine an employee or independent contractor?Explain and provide thorough legal analysis with case law support.
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