Essay about Discussion On Employment Status Discussion

1639 Words Nov 23rd, 2015 7 Pages
Discussion

Employment Status Discussion

When determining whether there is an employer/employee relationship the employer has control and supervision over his employees. Craig v. FedEx Ground Package System, Inc., 300 Kan. 788, 794, 355 P.3d 66, 74 (2014). Employer determines the manner in which the employee will perform his work and establishes a desired outcome. Id. at 794, 355 P.3d at 74. Most substantial factor in determining a worker’s status is whether the employer controls the manner in which the worker performs a certain task. Travelers Indem. Co. of Illinois v. Challenger Fence Co., Inc., 34 Kan. App. 2d 276, 279, 119 P.3d 666, 668-669 (2005).
In applying the economic reality test, courts generally look at the following factors:
1. The degree of control exerted by the alleged employer
2. The worker’s opportunity for profit of loss
3. The worker’s investment in the business
4. The permanence of the working relationship
5. The degree of skill required to perform the work
6. The extent to which the work is an integral part of the alleged employer’s business

Craig v. FedEx Ground Package Systems, Inc., 300 Kan. 788, 796, 355 P.3d 66, 75 (2014).

In addition, all but one component of the economic reality test-the degree of skill-are included within the 20-factor test, which we restate here as follows:
1. the employer 's right to require compliance with instructions (economic reality test 's degree of control factor);
2. the extent of any training provided by the…

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