Employer and Employee Relations

Topics: Employment, Fair Labor Standards Act, At-will employment Pages: 4 (1156 words) Published: June 17, 2010

Employer and Employee Relations
Jeffrey Cox, Alicia Hill, Theresa Kirkwood, Lisa Layne, Christopher Mead, & Matthew Sanders University of Phoenix Online
MGT/434 Jennifer Schneider
March 15, 2010
Employer and Employee Relations
Employers face many challenges within the workplace but federal laws and regulatory agencies exist to ensure that employers’ are correctly operating under the current laws and guidelines to protect employees’ from unfair or discriminatory actions. The understanding of federal and local laws is critical for both parties to determine their rights and responsibilities. The employer must be able to identify if an employees’ status as employee or independent contractor is correct for tax and benefit purposes; in addition to exemption status on overtime compensation and employment at will laws. Team B will address these issues and how they pertain to the public school system. Employee versus Contractor The public school district must correctly determine if an individual is an employee or considered an independent contractor because the law requires that an employer withhold and pay: federal and state taxes; social security and Medicare taxes; and unemployment tax from the employees’ pay check. Employees’ will receive benefits that the company offers. Independent contractors’ are responsible for paying the necessary government entities and do not qualify for company benefits. The IRS 20-factor analysis can be used to determine which status an individual meets by identifying if the employer: mandates the hours worked; provides all the tools or materials; requires the individual file mandatory reports to the organization; pays travel expenses; and requires continual supervision. The involvement and responsibility of the employer to control the individuals’ work...

References: Bennett-Alexander, D. D & Hartman, L. P. (2007). Employment Law for Business, 5th ed. The Regulation of the Employment Relationship, Ch. 1, p. 25-28. The McGraw-Hill Companies, Boston, MA
Internal Revenue Service. (n.d.). Businesses. Retrieved from http://www.iris.gov/busineses/small/article/0,,id=99921,00.html
Kaufman Chamberlain (2007). Coverage under the FLSA. Retrieved on March 13, 2010 from: http://www.flsa.com/coverage.html
State of Georgia. (2003). Georgia General Assembly Annotated Code. Retrieved March 10, 2010 from http://www.legis.state.ga.us/legis/2003_04/gacode/20-2-940.html
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