well, no one has answered. but i guess it has to do something about an indep. contractor being able to work at home in thier boxers and surf porn?! haha clearly I was confussed by what you said in class, kathy 11am.
well like, if a person is an independant contractor, think of it like a carpenter. he doesnt work for anyone so he isnt an employee. but then he goes to someone who says "i need you to promote this electric instalation company".
You are an independant contractor for carpentry and then you tell the people "oh if you need electrical work these guys do it for x amount and are really good". then u are an agent of the company- but since you arent on their payroll you arent an employee.
Matt's comments are correct but simply it comes down to the issue of control if the individual is receiving compensation from a principal that dictates when they work, how they work, dress, etc. Then they are probably an employee. An independent contractor can receive the same compensation for the same task its just that the principal has very little or no say in how the task is completed. The time table maybe suggested by the principal but if the independent contactor doesn't follow it exactly oh well as long as it gets done in a reasonable time that’s ok. I don't think you need to go deeper into this b/c the determination of employee or independent contractor is done on a case by case basis following the criteria on pg 472 which you don't need to memorize. ME
" A person who cannot legally enter into contracts directly should not be allowed to do so indirectly through an agent" p.474 How then can children ( who have no legal ability to enter into a contractual relationships)who act in a movies,or ads have a contracts with movie-making companies. Do not their parents sign contracts for them? Is a child an agent for the company? O.R.
in the above comment i agree there is grey areas in that of minors being in contract with movie producers and advertisments. In my opinion i belive the only way a minor(under the age of 14 years of age) can do certain types of work such as working for their parents, deliver newspapers, and work in the entertainment industry. pg 481-482 also i believe in my opinion they are able to do so because their parents are singning the contracts and im sure the minor does too in order for any minor to be considered a worker under the child labor laws. There are also restrictions as to what time they are allowed to work, how many hours during the week and weekends they bare allowed to work, and if there are any hazardous situations... What you think Mr. Embery?
11 comments:
how can an indep. contractor NOT be an employee but CAN be an agent?! kathy 11am
Good Question. How can this be? ME
well, no one has answered. but i guess it has to do something about an indep. contractor being able to work at home in thier boxers and surf porn?! haha clearly I was confussed by what you said in class, kathy 11am.
well like, if a person is an independant contractor, think of it like a carpenter. he doesnt work for anyone so he isnt an employee. but then he goes to someone who says "i need you to promote this electric instalation company".
You are an independant contractor for carpentry and then you tell the people "oh if you need electrical work these guys do it for x amount and are really good". then u are an agent of the company- but since you arent on their payroll you arent an employee.
Matt's comments are correct but simply it comes down to the issue of control if the individual is receiving compensation from a principal that dictates when they work, how they work, dress, etc. Then they are probably an employee.
An independent contractor can receive the same compensation for the same task its just that the principal has very little or no say in how the task is completed. The time table maybe suggested by the principal but if the independent contactor doesn't follow it exactly oh well as long as it gets done in a reasonable time that’s ok. I don't think you need to go deeper into this b/c the determination of employee or independent contractor is done on a case by case basis following the criteria on pg 472 which you don't need to memorize. ME
" A person who cannot legally enter into contracts directly should not be allowed to do so indirectly through an agent" p.474
How then can children ( who have no legal ability to enter into a contractual relationships)who act in a movies,or ads have a contracts with movie-making companies. Do not their parents sign contracts for them? Is a child an agent for the company?
O.R.
in the above comment i agree there is grey areas in that of minors being in contract with movie producers and advertisments. In my opinion i belive the only way a minor(under the age of 14 years of age) can do certain types of work such as working for their parents, deliver newspapers, and work in the entertainment industry. pg 481-482 also i believe in my opinion they are able to do so because their parents are singning the contracts and im sure the minor does too in order for any minor to be considered a worker under the child labor laws. There are also restrictions as to what time they are allowed to work, how many hours during the week and weekends they bare allowed to work, and if there are any hazardous situations... What you think Mr. Embery?
SL
SL - I agree. OR-the children's parents sign and the minors aren't agents who can bind principals, they are just employees of the production company.
Leagal subject matter, estoppel, reimbursement ME
So who is the principle to an independent contractor? Is it the person who hired them to do the job or are they their own principle?
Stacy 10am
The person who does the hiring, not in an employment sense, and paying is the principal. My legal clients are my principals and I am their agent. ME
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