Management and Organizational Studies 2275A/B Lecture Notes - Lecture 8: Independent Contractor, Punitive Damages, Income Tax
Document Summary
1900s = child labour, dangerous working conditions, starvation wages. What were the reasons: development of middle class and social conscience that came with it, more presence of women in politics: women tended to champion causes of the vulnerable- employees rights, children"s rights, harassment. If you trace this involvement for the last 100 years, you see a general commitment to protecting people who are vulnerable- especially employees: union: individually, employees have very little bargaining power. Even though it is contractual, it isn"t consensual: freedom to contract has been modified both by legislation, and by case law. Both cases have an individual doing work in exchange for money. Yet in one case, there is an independent contractor (not an employment relationship) and the other we have an employment contract. Why does this distinction matter: vicarious liability: if you don"t have an employee, you don"t have vicarious liability.