Who is an employee


Discuss the following:

First Message: What is work?

Who is an Employee

To Fire, Retain or Be Sued?

The Black Swan

Link to an article concerning the issue of interns in the work field. It arises out of a lawsuit concerning the film, The Black Swan.

https://www.propublica.org/article/unpaid-interns-win-major-ruling-in-black-swan-case-now-what
But see the response from a news magazine that uses interns.
https://www.theatlantic.com/business/archive/2013/06/the-court-ruling-that-could-end-unpaid-internships-for-good/276795/
And so how does this play out?

The original decision concerning The Black Swan has been somewhat reversed by a decision of the US Court of Appeals

Link to an article about the decision. It will have an obvious impact on the issue of unpaid internships, going forward.

https://www.nytimes.com/2015/07/03/business/unpaid-internships-allowed-if-they-serve-educational-purpose-court-rules.html?hp&action=click&pgtype=Homepage&module=second-column-region®ion=top-news&WT.nav=top-news&_r=0

Employee or Independent Contractor

Who is an employee and who is an independent contractor, I remit for your consideration a link to an blog posting about the very recent decision of the United States Court of Appeals for the 9th Circuit, ruling that Federal Express Drivers are employees and not contractors.

The control test was deemed the operative factor.
https://audetlaw.com/federal-express-drivers-ruled-employees/

Link to a very recent article with a decison concering a CA determination that Uber drivers are employees and not I/C's.
https://www.nytimes.com/2015/06/18/business/uber-contests-california-labor-ruling-that-says-drivers-should-be-employees.html

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