Scenario When an employee is hired to be a massage therapist by Dream Massage then she is hired as an independent contractor. She does not receive and employment benefits or tax withholding. Dream Massage requires all employees to provide her own clients along with all her massage products, exercise complete control over how she work and work a set schedule. When the employee shows up to work on the first day, she is immediately informed that she cannot wear her hijab because it violates the company’s dress code policy. The most crucial part of any business is its people. People need to communicate with each other to get the job done as they don't work in a vacuum. The employee's relationship is important for it to be managed for the business …show more content…
It is important to know the difference as different laws and requirements apply to each classification. “Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any taxes on payments to independent contractors (Independent Contractor or Employee? , 2017)." For the Fair Labor Standard Act (FLSA) minimum wage and overtime provisions to apply to a worker, they must be an “employee” of the employer, meaning that an employment relationship must exist between the worker and the employer. The FLSA defines “employ” as including to “suffer or permit to work”, representing the broadest definition of employment under the law because it covers work that the employer directs or allows to take place. Applying the FLSA’s definition, workers who are economically dependent on the business of the employer, regardless of skill level, are employees, and most workers are employees (Wage and Hour Division, 2017). On another note independent contractors are people/workers who are in business for themselves. There is no test or set of rules for trying to determine if the individual is the independent contractor or the employee for the purposes of the Federal Labor Standard Act indicated by the Supreme Court. Every fact that is …show more content…
When there is overly restrictive requirements it can create antipathy amongst employees and bring about negative affect to the morale of the workplace. If employees have a way of proving the dress code to be unfair burden amongst the female and male employees then they may be able to bring about a successful sex discrimination claim. Many employees seldom win those cases because the litigation is so disruptive and costly. This is against the ethical requirements that all employees be treated equally and with fairness. To ensure that fairness is enhanced, the company’s dress policy should provide for special exceptions e.g. in the scenario, the employee should be allowed to wear her hijab even if the dress policy is rigid. This is because according to her religion, this is a very important aspect that helps in maintaining their