LAW 529 Lecture Notes - Lecture 2: Making Money, W. M. Keck Observatory, Liberty Mutual
28 Feb 2016
School
Department
Course
Professor
Document Summary
Chapter 3 common law issues independent contractors page 75. The court is the final decision maker of what the relationship is. That"s why you should define at the outset. The protections under the employment standards act don"t apply to independent contractors, they only applies to employees. Why are independent contractor"s popular?advantages to the organization include: no statutory remittances (cpp, tax, ei) or wsib. no employment standards protections (e. g. pregnancy leave, vacation, overtime pay), only what"s in the contract. Independent contractor or employee: common law tests: degree of control over the individual"s work risk who bears the financial risk of profit or loss integration/organization test durability/exclusivity . Belton , cont"d reasoning: the term agent is not significant. The book of business are they clients the insurance agents or the business"s client. Losing a client risk falls as a loss with the company. organization test: integral part.
