Reference no: EM133373802

Case Study: Belding hired Spano two years ago as an independent contractor to coach the girls' volleyball and girls' hockey teams. For the first year she worked at Bayside she only worked as the coach of these two teams. During the time, the school set the practice schedule for the teams as Monday-Thursday after school during the six-week seasons for each sport.

Spano had to follow the school's policies and procedures and was instructed to wear a polo shirt with the school's name and mascot while working. Spano had to attend weekly athletic department meetings. Despite these mandates, Spano was free to structure the practices as she saw fit, there was no oversize from the school's athletic director (Mr. Slater) concerning the content of the practice. Moreover, Spano was free to maintain coaching and teaching jobs with other employers as long as they were outside of the district.

Questions:

(After the first year, she was formally hired as the P.E. teacher as was designated as an employee).

Suppose Spano makes a claim to the Department of Labor that she was not paid appropriate overtime during the first year she worked.

Which test should be utilized to determine Spano's employment status?

Use the test to evaluate whether Spano would be considered an employee and entitled to overtime? Analyze each element of the test and provide facts to support the conclusion of each element.

Fill in the gaps in information with reasonable inferences to support your conclusion.