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2 - Who Is an Employee?

Published online by Cambridge University Press:  08 June 2021

Joseph A. Seiner
Affiliation:
University of South Carolina
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Summary

This chapter argues that the classification of workers as independent contractors or employees should be shaped by an overarching question: How much flexibility do individuals have in determining the time, place, price, manner, and frequency of their work? Those who have more control of these variables are more independent than those who must conform to a business owner’s schedule. This approach provides an objective basis for resolving classification disputes, particularly those that arise in the context of the technology-based economy. By minimizing legal uncertainty, a focus on worker flexibility would ensure both that workers receive appropriate protections under existing law and that companies are able to innovate without fear of unknown liabilities.

Type
Chapter
Information
The Virtual Workplace
Public Health, Efficiency, and Opportunity
, pp. 6 - 28
Publisher: Cambridge University Press
Print publication year: 2021

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  • Who Is an Employee?
  • Joseph A. Seiner, University of South Carolina
  • Book: The Virtual Workplace
  • Online publication: 08 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108652148.003
Available formats
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Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Who Is an Employee?
  • Joseph A. Seiner, University of South Carolina
  • Book: The Virtual Workplace
  • Online publication: 08 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108652148.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Who Is an Employee?
  • Joseph A. Seiner, University of South Carolina
  • Book: The Virtual Workplace
  • Online publication: 08 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108652148.003
Available formats
×