Answer this question using the reading below. your answer should be short and effective (one paragraph should be fine), and type your answers please!!

Lancaster Symphony Orchestra v NLRB

Question: You Be the Judge: Are the musicians employees or independent contractors? It's easy to see how just thinking about these problems could have an effect on how you start your own company in the future. All you have to do is write a few sentences about your own decision.

Facts: The orchestra in Lancaster, Pennsylvania hired musicians to play about four classical music concerts each year. These musicians could choose to play in however many concerts they wished. They then signed a Musician Agreement, which stated that they were independent contractors. The musicians sought to unionize, but only employees, not independent contractors, have the right to join a union. The National Labor Relations Board ruled that the musicians were employees. The symphony disagreed and appealed the decision.

Argument for the Orchestra: The musicians are independent contractors because: They are highly skilled and receive little supervision. They are responsible for rehearsing on their own. The musicians provide their own toolstheir instruments. They do not work full time for the Orchestra but have other jobs as well. They are paid by the jobfor each concert. The musicians do not believe they are employees they signed a contract stating that they are independent contractors

Argument for the Musicians: The musicians are employees because: The Orchestra regulates virtually all aspects of the musicians performance, including their dress and posture: They are not permitted to cross their legs. When the conductor signals for the orchestra to acknowledge applause, the musician handbook states that they must stand immediately, turn to face the audience, and smile. During rehearsals, musicians are not permitted to talk about anything other than the rehearsal. They may not talk at all when the conductor is on the podium. The conductor determines the musicians volume and pitch, and the technique they use (such as the way they bow or use vibrato). Although the musicians supply their own instruments, the Orchestra supplies other crucial tools: music, stands, chairs, and concert hall. Musicians are in effect paid by the hour because they receive additional pay for each 15 minutes that a rehearsal or concert exceeds two and a half hours. Their work is part of the regular business of the employer. Just because the Orchestra says the musicians are independent contractors does not mean the musicians believe that to be true. The principal is in business.