18 Questions
What does the two-tiered test for employer-employee relationship involve?
The employer’s control over work methods and the economic realities of the relationship
Why is it important to consider the totality of circumstances in analyzing the employer-employee relationship?
To determine the true nature of the relationship between the parties
In what instances is the employer-employee relationship not severed according to the text?
When regular seasonal employees are considered on leave without pay
Why does the text mention that the cessation of milling activities at the end of the season is not permanent or definitive?
To clarify that it is a foreseeable suspension of work, not a permanent closure
What is the significance of regular seasonal employees being on leave without pay according to the text?
It signifies a temporary pause in their employment
Why is there a need for a two-tiered test for determining employer-employee relationships?
To provide a framework considering control over work and economic realities
What is the nature of the employer-employee relationship according to the text?
Contractual
Who is considered an employer based on the text?
Either a natural or juridical person
What right does an employee acquire upon establishment of the employer-employee relationship?
Right to continue in employment until deprived with due process
What type of relationship is the employer-employee relationship impressed with according to the text?
Public interest
What does an employee have a right to do once in the employer-employee relationship?
Acquire property rights
Which term best describes the relationship between an employer and an employee as discussed in the text?
Mutual
What is a key element that determines the existence of an employer-employee relationship?
Employee's personal service
What is the most important index of the existence of an employer-employee relationship?
Control test
In the context of the text, what does the 'control test' refer to?
Employer's power to control work methods
What type of relationship is described as being essentially that of 'master and servant' in the text?
Employer-employee relationship
What does the employer reserve the right to control in an employer-employee relationship?
'End to be achieved' and 'Means to be used'
Which of the following is NOT mentioned as an element that determines the existence of an employer-employee relationship in the text?
Power of promotion
Learn about the two-tiered test used to determine employment classification based on power to control work and underlying economic realities. Understand how this test provides a framework for analyzing the nature of the relationship between parties.
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