You are a human resource consultant specializing in the counseling of small businesses on the south side of Chicago. One of your new clients, Sherrod Brown, is the owner and the only employee of the Far Left, a magazine dedicated to the far-left wing of the Democratic Party. Far Left has a loyal following, with annual revenues in excess of $500,000.
Because Mr. Brown is a gambler, and he likes his fancy clothes [a parody of the Jim Croce song and not an indictment of the character of the fine Senator from the great state of Ohio who introduced the Employee Misclassification Prevention Act], he wants to generate more revenue from Far Left. Mr. Brown believes that a number of local businesses would buy ad space in his publication. Because he is busy writing substantive articles for Far Left, Mr. Brown does not have time to sell ad space.
To those ends, Mr. Brown retained Jimmy C., a local musician and entrepreneur, to sell ad space for Far Left. Mr. Brown considers Jimmy C. to be an independent contractor. Mr. Brown pays Jimmy C. $250 per week and 10% of any revenue that Jimmy C. generates through ad sales. To assist Jimmy C. in the performance of his duties, Mr. Brown also provided Jimmy C. with Mr. Brown's address list, a cell phone, and a Custom Lincoln Continental.
Mr. Brown did not require Jimmy C. to undergo any training, as Mr. Brown believes that making sales is a matter of who you know and not what you know. Rather, Mr. Brown wrote a song for Jimmy C. to sing to potential customers. Mr. Brown calls Jimmy C. every day at 8 a.m. to make sure that he is on the job. Mr. Brown also equipped the Custom Lincoln Continental with a GPS tracking system so that he could track Jimmy C. throughout the day. Mr. Brown does not permit Jimmy C. to sell ad space for any other magazines. Mr. Brown set the pricing for the ads, which are not negotiable. Jimmy C. worked tirelessly for two months to sell ad space, but his efforts did not produce much fruit.
Despite putting in 60+ hours, Jimmy C. only sold $5,000 in ads. Unfortunately, Jimmy C. tripped over a curb and thereafter was bitten by a dog while selling ad space at the local junkyard. Jimmy C. filed a claim for workers compensation claim benefits. Jimmy C. also filed a lawsuit against Far Left for failure to pay minimum wage and overtime under the Fair Labor Standards Act.
QUESTION
Draft a job description for an unpaid internship opportunity within your organization (or a fictional organization) that complies with the factors promulgated by the Department of Labor, which are set forth in the text.