By Peggy Kerley
This new textual content covers the heritage of employment legislation, salary and hour laws, tort and breach of agreement legislation, ADA, sexual harassment, discrimination, age discrimination, and employees' rights.
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Additional resources for Employment Law for the Paralegal
Copyright 2009 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. The Employment Relationship • 29 Integration Test The integration test for joint employment requires that the employment relationship not only meet the standards for the mutual control test, but that a certain degree of integration must exist between the two employers. Potential integration factors that courts have considered include: 1. 2. 3. 4. the interrelationship between the two companies; whether or not the two companies had common management; the extent of centralization of labor relations; and common ownership of the two companies.
Even though an IC might be paid more per hour than an employee who is doing the same work, the IC will still cost the company less. A company’s exposure to certain types of lawsuits, such as employment discrimination or wrongful termination (discussed in Chapter 6), is reduced when an IC is utilized instead of an employee. Another important benefit to many companies is that the IC provides a level of flexibility that cannot be obtained through the use of employees. An IC is paid to Copyright 2009 Cengage Learning.
Explain the theory behind your answer. 2. A manufacturing company has been aware for several weeks that bolts securing a heavy frame are defective, but has taken no action to replace the bolts. An employee is seriously injured when the bolts pull away from the frame and the 50pound frame falls on his arm. Under the theory of master-servant, would the manufacturing company be responsible to the employee for the injuries sustained? 3. The owner of an automotive repair shop hires a mechanic who has a record of mental problems that often result in sudden episodes of rage and physical vio- Copyright 2009 Cengage Learning.