(1) What are the factors listed in the section to determine whether a worker is an independent contractor?

(2) Which of these factors will be key in determining whether the orchestra members were employees or independent contractors?

(3) Which facts in the case match up with the factors?

(4) Should the orchestra members be permitted to unionize as employees? Why or why not? 

(5) As the judge, decide for one party or the other. State your reasoning.

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Unfortunately, the line between employee and independent contractor is fuzzy. Essentially, the more control the principal has over an agent, the more likely that the agent will be considered an employee. However, the courts evaluate each set of facts on a case-by-case basis. When determining if agents are employees or independent contractors, courts consider whether: • The principal supervises details of the work. • The principal supplies the tools and place of work. • The agents work full time for the principal. • The agents receive a salary or hourly wages, not a fixed price for the job. • The work is part of the regular business of the principal. • The principal and agents believe they have an employer-employee relationship. Unfortunately, the line between employee and independent contractor is fuzzy. Essentially, the more control the principal has over an agent, the more likely that the agent will be considered an employee. However, the courts evaluate each set of facts on a case-by-case basis. When determining if agents are employees or independent contractors, courts consider whether: • The principal supervises details of the work. • The principal supplies the tools and place of work. • The agents work full time for the principal. • The agents receive a salary or hourly wages, not a fixed price for the job. • The work is part of the regular business of the principal. • The principal and agents believe they have an employer-employee relationship.

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1 The factors listed to determine whether a worker is an independent contractor include The degree o... View the full answer