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11 Cards in this Set
- Front
- Back
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Employee |
Anyone who performs services for an employer. Employer controls what work is done and how it is done. |
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Common-Law Employee |
Employer controls what and how the job will be done. This is so even when the employers give the worker a free reign to do the job. |
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Independent Contractor |
A payer has control of the work done but not the means and methods of finishing the job. |
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Statutory Employee |
Include: 1)Drivers delivering laundry or dry cleaning, food and beverages (not milk), if the driver is paid on commission or is your agent 2) a life insurance sales agent working full time 3)work from home employee with employer supplied goods. |
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Statutory Non-Employee |
Real Estate Agents and Direct Sellers Viewed as self employed if: 1)All payments for services are directly related to sales 2) a written contract guides what services they perform |
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Employee Leasing |
The leasing of employees by temp agencies, co-enployment arrangement or professional employer organizations. |
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Biweekly Rate of Pay |
Annual Salary divided by 26 weeks, then multiplied times 2 |
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Workweek |
A fixed and regularly recurring 168 hour period, or seven 24 hour periods that occur consecutively. Does not necessarily match the calendar week. Designed to determine employee eligibility for certain benefits and compensation of overtime payments for hours worked in excess of the regular 40 hour workweek.
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Federal Minimum Wage |
$7.25/hour $10.88/hour during overtime |
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FSLA |
The Federal Labor Standards Act- Applies to all employers and employees who meet both commerce and dollar test. |
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FSLA- Exemption Status Requirement |
An employer must pay an employee a salary if they are treated under FSLA as exempt. Labor that is exempt include: 1)Seamen on non-American vessels 2)Employees of seasonal amusement recreational establishments 3)employees engaged in the fishing industry, including offshore seafood processing 4)certain agricultural employees 5)casual baby sitters or caretakers for disabled 6)employees of certain newspapers with less than 4,000 circulation. |
