Please complete this Part One BEFORE completing the Part Two component.

Identify, compare, and analyze a worker classified as an employee versus a worker classified as an independent contractor. You need to identify employment specific "issues" and then compare an employee to an independent contractor. You may find similarities as well as differences. One example of an "issue" you might identify is "scheduling of work." Then you would compare and analyze how "scheduling of work" is similar and/or different between an employee and an independent contractor. Hint: the issues you identify here are NOT opinion based or something you "assume." When you conduct your research you will find legally-based considerations you must understand in order to properly classify a worker.

Please use a chart format so I can readily identify the issue you are comparing and easily see the relevant information for an employee and an independent contractor side-by-side in the chart.

Once you compare and analyze the issues,please be sure to identify which one you believe is the most legally significant and why you think it is the most important. Hint: it's important to the business and to be legal and not particularly subjective. That's the best clue I can give you without giving it away.

There are NUMEROUS issues to compare and analyze and this assignment requires you to identify them. If you find two or three, you will earn no more than a "C" on this assignment, and you may even earn a lower grade depending on what you include in your two or three issues. There are quite a few and you should list as many as you find to earn a top score.

Prepare your submission and upload your assignment here in Canvas.

Be sure to properly cite all resources used!! None of the specifics for this assignment are considered common knowledge, so you MUST cite your resources. No citation, no points.

Part One of this assignment REQUIRES YOU TO CONDUCT RESEARCH and must be completed BEFORE preparing your answers for Part Two.

If you have not completed the other assignment yet (Part One), feel free to review this assignment now; however, you need to complete the other assignment first, which requires you to conduct your research--which must be complete prior to preparing your answers here.

Presuming you have completed your research and prepared your chart, please apply what you learned to the following problem:

You are a manager at a large hotel property. All departments are under a directive from both the President and Human Resources to keep costs down!! There is a current vacancy in your department and your director asks you to facilitate hiring the new worker. Your director makes it clear, as part of the cost-cutting directives, you must avoid paying benefits and providing leave to the new worker. Furthermore, your director wants to avoid any and all employment law obligations. The President indicated she wants to maintain flexibility in the employment relationships of newly hired workers and wants your new hire classified as an independent contractor.

Here are the details of the position:

1. The position is a sales-based position.

2. The worker would market and sell for the hotel.

3. The worker would sign a contract prohibiting him/her from working for any competitors.

4. The worker and the hotel would execute a contract identifying the worker as an "Independent Contractor."

5. The worker is required to create a business entity to whom the hotel would "do business" with.

6. The worker would receive and comply with all policies and procedures in the employee handbook.

7. The worker must comply with the hotel's "marketing guide."

8. The hotel will agree to compensate the worker $2,500.00 per month to be on call and receive commission on any sales.

Let's apply your instincts in combination with what you researched.

Prepare a BRIEF write up identifying the correct classification of the worker, e.g., Employee or Independent Contractor. Be sure to address each of the above-referenced issues (1 - 8) in your write up. Your conclusion, e.g., your assessment of whether the worker should be classified as an employee or independent contractor, should include one of the following:

1. Employee: with no additional clarification needed.

2. Independent Contractor: with no additional clarification needed.

3. Probably an employee, but because of _____________, could be an independent contractor.

4. Probably an independent contractor, but because of _______________, could be an employee.

These are not the ONLY ways to summarize your conclusion, they are merely suggestions. The bottom line is, you are applying what you researched to the facts above and making a decision regarding the worker classification, Employee or Independent Contractor.