Employee v. Independent Contractor: First Draft

Due: March 28, 2021 at 11:59:59 PM

Maximum Points: 100.0

The purpose of this assignment is to identify laws and federal regulations governing employment.

Consider employment laws, tax laws, and regulations governing employment. Focus on the distinctions between independent contractors and employees, and how business is conducted with each. Read the scenario below and apply the facts from the scenario to the laws and regulations, then determine if James is an employee or independent contractor.

Scenario:

Smith Law Firm, LLP (“Smith”) is a law firm with offices in Phoenix and Flagstaff. Smith wanted to provide mediation services as an additional service to its clients. It hired James Moore Mediation Services, with offices in Phoenix, Flagstaff, Tucson, and Yuma, to perform contract mediation services for Smith clients who requested and needed such services. Smith entered into an independent contractor agreement with James Moore Mediation Services. The contract stated that James Moore is an independent contractor and agreed that his business is an independent contractor of Smith.

After entering into the agreement, James worked mostly on jobs assigned by Smith. Smith charged its clients a flat fee, determined by Smith, per mediation then paid James a percentage of that flat fee as a commission. The flat fee was paid to Smith by its clients. James was paid a percentage of the flat fee per mediation on a monthly basis. James was assigned office space at Smith, and used Smith’s equipment, but James bought and used his own supplies. James was in Smith’s office as needed. This arrangement made it easier for clients to utilize James’s services and be familiar with Smith’s offices. Smith scheduled James’s work and clients. Smith also sat in on some of the client mediations and provided feedback to James regarding his work.

In a minimum of 500 words, write a paper, using the Fair Labor Standards Act (“FLSA”), and Arizona employment and tax law. Incorporate the facts from the scenario in your discussion.

1. Define and briefly explain the FLSA. Provide an explanation of the difference between an independent contractor and employee under the FLSA. Discuss how the misclassifying of a worker affects the various employer requirements under the FLSA. (Heading One)
2. Under Arizona law, using the factors for distinguishing between employee and independent contractor along with the facts from the scenario, discuss whether James’s designation as an independent contractor was correct, and justify your designation by citing Arizona laws and/or regulations. (Heading Two)

Required Format:

• Bold, left justified headings (see below for specific headings)
• Center -Title of the paper
• First and Last Name, Date, Class on the top left of the paper

(cover sheet not required)

• 12pt Times New Roman Font
• Double Spaced

Required Headings: 

1. Fair Labor Standard Act
2. Arizona Law
3. References

Documentation of Sources (citations, footnotes, references, bibliography, etc., as appropriate to assignment and style) (5.0%)

Your instructor will provide feedback on the first draft for you to review and incorporate into the Benchmark – Employee vs. Independent Contractor assignment, due in Topic 7.

Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success, Center. An abstract is not required. Use of research to support your claims is required.

 Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion. 

You are required to submit this assignment to LopesWrite. Refer to the LopesWrite Technical Support articles for assistance.