Reference no: EM13999451

1) Is there a bright line rule when it comes to classifying someone as an employee or an independent contractor? Are there actions that if taken will automatically classify someone as an employee or as an independent contractor? What are those? Or is this a case where each case needs to be evaluated on its own merits?

2) Let's say that you hire Darryl Doofus as an independent contractor for your business. His job is to sell things and he makes a commission when a sale is finalized. Darryl is given company materials to use for his sales, but the company doesn't control his work hours.

One day Darryl decides to start every sales pitch with "Mazel tov, mi amigos." A customer of Darryl's finds him to be offensive and calls the company to complain about Darryl's sales pitch. After a meeting of the HR department and the company management, the group decides to tell Darryl that he will remain an independent contractor, but before he is allowed to give any more sales pitches for the company he needs to get those sales pitches approved by the HR manager.

Based on this change in how Darryl's relationship with the company was handled, should Darryl still be considered an independent contractor or is he an employee?

3) Here's an interesting question that the news has pointed out over the years. Union membership rates have been falling for some time. This article from the Wall Street Journal indicates that in 2014 the overall union membership rate was down to 11.1% overall in the nation.

https://www.wsj.com/articles/membership-rate-falls-for-u-s-unions-in-2014-1422028558

Why are union rates falling? Is this a legal reason? Cultural reason? Do unions not offer as much as they once did?

4) Los Angeles Times
March 9th, 2016
https://www.latimes.com/local/lanow/la-me-ln-o-j-simpson-knife-forensic-testing-should-have-answer-within-two-weeks-20160309-story.html

The LA Times reports that a retired LAPD Office Gerorge Maycott had recovered the knife that have been tied tot he deaths of Nicole Brown Simpson in the well-publicized case.

"The LAPD is investigating whether the knife is tied to the deaths of Nicole Brown Simpson and Goldman and is conducting a forensic examination. Department officials say at this stage they have nothing to tie the knife to the slayings."(Winton, 2016)

Although OJ Simpson have been acquitted, the article states that "double jeopardy" prevents Simpson from being tried twice on the same case.

Double Jeopardy in legal term according to Cornell Law School is "The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. See, e.g.United States v. Ursery, 518 US 267 (1996)."

Should he be tried again for new evidence that may turn the case around even with the Double Jeopardy Clause?