QST LA 245 Chapter Notes - Chapter 28: Temporary Work, Independent Contractor, National Labor Relations Board
Document Summary
Is liable for physical torts of an employee but not liable for independent contractors. If employer has more control employee. If contractor has more control than employer independent contractor. Paid by hours or by a salary employee. Works during regular employee hours employee. Is part of the principal"s business employee. Don"t think of it as employer and employee. All employees are agents but not all agents are employees. Not all workers are employees (can be independent contractors) Story: musicians signed an agreement that they are independent contractors. Musicians wanted to join a union, but only employees can. National labor relations board (nlrb) said musicians were employees. Orchestra has big control over musicians" performance, dress, what they do on the stage, what they can talk about during rehearsal. Orchestra supplies the crucial tools: music, stands, chairs, concert hall. They work during regular business hours as employees. Musicians think that they are employees even through the orchestra says they are contractors.
