Employment Relationships

Front 1

Employment Relationships

Back 1

Employee

Independent Contractor

Volunteer

Intern/Trainee

Owner/Partner

Family Members

Athletes (college)

Independent Worker (Maybe new- Uber)

Front 2

How does the parties' description of the

relationship apply?

Back 2

Doesn't impact determination

Front 3

Four Tests for Employment Status

Back 3

1. Economic Reality

2. Right to Control (REID)

3. IRS Factors

4. Entrepreneurial

Front 4

Economic Realities Test

Back 4

"Lauritzen" As a matter of economic reality, are workers dependent upon the business?

(Children are employees because they depend on the farm.)

Front 5

REID Factors

Back 5

Right to Control

Totality of the circumstances

(Hire/Fire/Pay/Conditions)

Front 6

IRS Factors

Back 6

Behavioral Control

Financial Control

Type of Relationship

Front 7

Entrepreneurial

Back 7

Does the employee have significant

opportunities for profits and losses?

Front 8

Volunteers

Back 8

Cannot volunteer for "for profit"

Front 9

DOL Six Factor Test for Trainees

Back 9

1. Educational Environment

2. Benefit to trainee (employer not benefitted)

3. No displacement of others

4. No job entitlement

5. Understanding that there isn't any money.

Front 10

2nd Circuit Primary Beneficiary Trainee Test

Back 10

Are the benefits provided to the intern greater than the benefit to the operation?

Same as DOL plu: limitation to learning and

academic calendar considerations.

Balancing test

Front 11

Joint Employment NLRB Rule

Back 11

Brown-Ferres:

1. Both employers according to common law

2. Co-determine essential employment decisions

Front 12

EEOC Standard for joint employment

Back 12

RIght to control

Front 13

4th Circuit Joint Employment Test

Back 13

Right to control (using factors)

Front 14

At-Will Employment

Back 14

1. Default Rule

2. Statutorily eliminated in Montana

Front 15

Alternative to At-WIll Employment

Back 15

1. Rate of Pay (minority)

2. Statutorily eliminated (Montana)

3. Contracts

Front 16

Ensure At Will Employment in Contracts

Back 16

Create "At Will Employment" provisions