Two-Tiered Test for Employment Classification

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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

Study Notes

Determining Employer-Employee Relationships

  • A two-tiered test is used to determine the existence of an employer-employee relationship, which involves examining the totality of circumstances.
  • The totality of circumstances is important to consider because it helps to determine the true nature of the relationship.
  • The employer-employee relationship is not severed when an employee is on leave without pay, as they are still under the employer's control.

Control Test

  • The control test is a key element that determines the existence of an employer-employee relationship.
  • The control test refers to the employer's right to control the employee's work, including the manner and method of performing tasks.

Nature of Employer-Employee Relationship

  • The employer-employee relationship is impressed with a master-servant character.
  • The relationship is essentially that of master and servant, with the employer having control over the employee.

Employee Rights

  • Once an employer-employee relationship is established, the employee acquires certain rights.
  • An employee has the right to follow the employer's instructions and directions.

Significance of Regular Seasonal Employees

  • Regular seasonal employees being on leave without pay is significant because it does not sever the employer-employee relationship.
  • The cessation of milling activities at the end of the season is not permanent or definitive, and the employees are still under the employer's control.

Importance of Two-Tiered Test

  • A two-tiered test is needed to determine employer-employee relationships because it helps to identify the true nature of the relationship.
  • The two-tiered test takes into account the totality of circumstances, including the control test, to determine the existence of an employer-employee relationship.

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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