Determining worker is employee or independent contractor

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1. John takes his lawnmower to Bill's Small Engine Repair to get it fixed. John does not pay for the repairs and Bill still has the lawnmower. What's Bills best course of action.

a. Return the lawnmower to John before John sues for "trespass to property" or even "conversion.”

b. Break the lawnmower to get it back in the "condition it was in" and then return it to John.

c. After giving proper time and notice, sell the lawnmower without John's permission and use the proceeds to pay for the repairs and give any remaining funds to John.

d. Return the lawnmower to John and contact his attorney.

2. In determining whether a worker is an employee or an independent contractor, what is the most important criteria?

a. What the contract between the parties say:s

b. Who provides the tools to complete the work

c. The level of control exercised over the worker

d. The time frame of the work relationship

3. Assume, the National Noise Control Agency is a federal agency created by Congress to protect animals from the discomfort caused by high pitched sounds. An "Observer" from the agency wants to come to your company, review your records and conduct tests. This will be inconvenient for you, cost you money, and you strongly oppose the intrusion and believe the law allowing it is unconstitutional. What is your best course of action?

a. Object to the inspection pursuant to the National Noise Control Agencies procedures in federal district court.

b. Allow the agency to inspect your company, your records and conduct its tests because you to contest the agency's action in any manner and appeal if necessary. After you exhaust your administrative remedies, you can sue government agencies are generally authorized to do that and the law does not allow

a) Refuse entry to the agency by exercising your right of "freedom to do business without 4) Immediately, sue in federal district court for an injunction against the agencies test government interference. because you believe the law is unconstitutional.

4. Helen runs a small business making cookies. She recently hired Susan to help her explore the opportunity of expanding into making cakes as well. Susan is an expert at marketing and regularly consults with businesses on growth plans. Susan met with Helen at Helen's office, but Susan will conduct most of her work in her office. Helen is relying on Susan to figure out the what she needs to do the analysis - Susan's the expert. Helen will pay Susan $10,000 project is expected to last 6 weeks. What is the most likely relationship between Helen and Susan

a. Respondeat Superior

b. Trustee/Beneficiary

c. Employer/Employee

d. Company/Independent Contractor

Reference no: EM132128803

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