Employee or Independent Contractor? Academic Article uri icon

abstract

  • Even after reading about worker classifications in a textbook and hearing about it in a lecture, students often maintain misconceptions as to how the classification is made and its relevance to workers and businesses. This project contains everything needed to have the student go through the IRS Twenty-Factor Test and make an ultimate determination as to whether they believe Uber drivers should be classified as either employees or independent contractors. This also contains a discussion of the relevance of the distinction.This can be used as a standalone assignment or an in-class activity where pedagogical practices such as "think-pair-share" can be used. Beyond just teaching about the worker-classification-determination process, this activity also demonstrates general principles of business law. These include how legal distinctions often contain subjective determinations, the significant effects of seemingly minor determinations, and the process for applying a multi-pronged test.

published proceedings

  • SSRN Electronic Journal

author list (cited authors)

  • Conklin, M.

citation count

  • 0

complete list of authors

  • Conklin, Michael

publication date

  • 2023