I’m working on a Management exercise and need support.
I need you to reply to post 1 and post 2 . Make sure you put which post for the both of them so I can know which one to attached it to.
The distinction of employees and independent contractors for a company or business is important. The classification of someone who works in your business makes a difference in how the company pays them and how the individual will pay their taxes. Employees are paid as salaried or hourly, on commission, or a combination, and may be subject to overtime. Employees are taxed on their income (they receive a W-2 form showing their annual income), and the company or business must withhold federal and state income taxes and FICA taxes (Links to an external site.)(Social Security and Medicare) from them. The company or business must also make FICA tax payments (the balance small business).
If someone is working for a company or business as an independent contractor, (Links to an external site.)typically the organization doesn’t withhold federal or state income taxes from the amounts organization pays them. Also, the company or business is not required to make payments for FICA taxes. The independent contractor must pay their own income taxes (called self-employment taxes), along with income tax on earnings and the company or business will issue them a 1099 form for filing tax purpose (the balance small business).
1. How does this case parallel and differ from (Roadway, Dial-a-mattress, and St. Joseph News-Press) cases? Parallel – This case parallels with the Roadway, Dial-a-mattress, and St. Joseph cases in that all of the carriers were given contracts establishing the employment relationship, they were not given an application. The individuals were provided instruction as to when product should be picked up and delivered but the carries still maintained control of work and control on hiring additional help to assist with the completion of work if need be; provided space and limited supplies to assembled the product; established payment; established the responsibility and protocol of filing taxes; dictated the use of vehicles company or personal as it relates to sign usage and maintenance; and what if any company rules, discipline policies applied to them (i.e. the carrier). Differ – This case differs from the Dial-a-mattress case due scheduling. In the Dial-a-mattress case the trucks are scheduled for work and not the carrier. If the carrier is a no show, then the truck is reassigned to the next available carrier.
Murray, J. (2019, November 27). Difference Between Independent Contractor and Employee Classifying Workers-Why it Matters. Retrieved January 11, 2020, from https://www.thebalancesmb.com/ (Links to an external site.).
Gould, Fox, Liebman, & Brame. (n.d.). AFL-CIO, Petitioner. Case 29-RC-8442.
Holley, W.H., Wolters, R.S., & Ross, W. (2017). The labor relations process. Boston, MA: Cengage Learning.
Civil Rights-Worker Classification. (n.d.). Retrieved January 11, 2020, from https://dwd.wisconsin.gov/ (Links to an external site.).
The parallels of the cases are significant. All three cases center on drivers or carriers delivering products for a company under “independent contractor” status. In each of the cases the drivers either used their own vehicles or leased them. Additionally, none of these cases showed any significant training provided, outside of someone showing the recommended routes. All cases showed the drivers as having signed a contract for a set period of time. Also, drivers in all three cases were able to hire their own substitutes. Lastly, all drivers were able to determine for themselves how they go about doing the deliveries, at least, for the most part.
The St. Joseph News-Press and Dial-A-Mattress Operating System cases were, in my opinion, much closer in terms of parallels. The Roadway Package System differed from these two cases in a couple of significant ways. First, in the Roadway case, the drivers were controlled by Roadway to a much greater extent. The drivers were forced to wear uniforms and have the colors and logo of the company on their vehicles. Additionally, the type of vehicle used by the drivers was also required to meet specific criteria. Both of these speak to “control of work.” Furthermore, Roadway required that drivers make their vehicles available every weekday in order to meet the obligations of their contract. Again, this differs from the St. Joseph News-Press and Dial-A-Mattress Operating System cases, due to neither case showing drivers or carriers being required to have their vehicles available in order to meet the contract. This again speaks to the level of control that was being placed by Roadway on these drivers. Lastly, Roadway’s drivers were not allowed to have other means of employment while conducting business for Roadway. This is another glaring difference between the cases and continues to supplement the argument of control of work and greatly reduces the opportunity for a supposed “independent contractor” to meet their entrepreneurial potential.
In my opinion, the St. Joseph New-Press case provided the most convincing argument for independent contractor status. The primary reason I believe this is because of the lack of control that the employer had on the driver or carriers’ ability to conduct the work. The drivers determined how and when the deliveries were made, they provided their own vehicles without specification, and they were responsible for finding a suitable substitute vehicle or driver. Additionally, the drivers were not held to any employee handbook or work rules overall. Lastly, the company prohibited the drivers from displaying the company’s insignia. All of these items served to reinforce my opinion that the drivers for St Joseph News-Press were independent contractors.
Without question, I felt the Roadway case presented the most evidence of the drivers being employees. This is based on the facts of the level of control being dictated over how the deliveries were done, the use of uniforms and company logos on vehicles, and the requirement for vehicles to be made available at a specific day and time. All of these factors suggest control of work. In supplement, the fact that the drivers were not allowed to have additional deliveries for other customers indicates control of work, supervision, or being held to work rules, and reduction of ability for entrepreneurial potential. Again, each of these factors leads me to believe these drivers should be afforded employee status.
I do not believe it is simply a case of who wins more of the nine factors. I do believe that some factors are more important then others. In my estimations, the elements of control of work, supervision, and entrepreneurial potential are the ones I found to be most compelling. In terms of the St. Joseph New-Press case, I felt the lack of control by the employer on how the drivers operated was what really sold me on their independent contractor status.
As previously described, I would unquestionably rule in favor of the drivers being deemed independent contractors. The primary reasons for this, would be the lack of control by the employer on the how the deliveries were made, the lack of supervision or being subjected to work rules, and the fact that the tools being used primarily, their vehicles, were their own. Lastly, the flexibility that the drivers had to have other means of employment while fulfilling this contract suggests the driver’s entrepreneurial potential is not being impacted and further supplants their status as independent contractors.
Roadway Package System, 326 NLRB 72 (1998). National Relations Labor Board Website. Retrieved from https://www.nlrb.gov/search/cases (Links to an external site.)
Dial-A-Mattress Operating Corp., 326 NLRB 884 (1998). National Relations Labor Board Website. Retrieved from https://www.nlrb.gov/search/cases (Links to an external site.)
Saint Joseph News-Press, 345 NLRB 31 (2005). National Relations Labor Website. Retrieved from https://www.nlrb.gov/search/cases (Links to an external site.)
Holley, W., Ross, W., Wolters, R. (2017). The Labor Relations Process. (11e). Boston: Centage Learning.
Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.
You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.Read more
Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.Read more
Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.Read more
Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.Read more
By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.Read more