1 - Answer the Questions about the Case Analyze five fact patterns to determine if the individual is an employee or an independent contractor. Be sure to analyze all FIVE people. A matrix is supplied for each person. View Full Description and Attachment(s) 2.Read the postings made by your colleagues. Compare and Contrast using the attached matrix. At the end of your analysis for each person (employee/independent contractor), indicate who has the stronger legal argument (you or your colleague), and WHY.

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1 - Answer the Questions about the Case Analyze five fact patterns to determine if the individual is an employee or an independent contractor. Be sure to analyze all FIVE people. A matrix is supplied for each person. View Full Description and Attachment(s) Analyze the fact patterns to determine if the individual is an employee or an independent contractor. Be sure to analyze all FIVE people. In this assignment, the issue is whether a person should be considered an Employee or an Independent Contractor. The rule includes the 7 elements given below used by the courts to make this determination. In your analysis, apply the facts to the rule and explain why you feel the preponderance of the evidence supports your conclusion of Employee or Independent Contractor. Be sure to do a thorough analysis, i.e., FOR EACH PERSON, apply all 7 elements to each fact pattern. After you apply all 7 elements, come to a conclusion on each individual by weighing the various factors that influenced you in coming to the conclusion that the individual was an Employee or an Independent Contractor. [Note: Some of the fact patterns are "moot", that is, you could argue either way. DO NOT wimp out and say that you cannot decide! Choose a side and advocate for it!] FOR EXTRA CREDIT POINTS: Advocate first for one side as explained above. THEN FOR EXTRA CREDIT, advocate for the other side. Simply make the transition by saying, "Arguing in the alternative," and make the case for the other side;address all 7 criteria when arguing in the alternative. DO NOT change the facts. Use the same facts. Simply put more emphasis on some facts than others. CRITERIA USED BY THE COURTS: How much control does the employer exercise over the details of the work? (Employee if Employer exercises control) Is the worker engaged in an occupation or business distinct from the employer? (if yes, then the person is an Independent Contractor) Is the work usually done under the employer’s direction or by a specialist without supervision? (If under the employer's direction, the person is an Employee) Does the employer supply the tools at the place of work? (If yes, the person is an Employee) For how long is the person employed? (If long, the person is an Employee) What is the method of payment – by time period or at the completion of the job? (If by the hour, the person is an Employee; it a lump sum is paid at the end (or beginning) of a job, the person is an Independent Contractor What degree of skill is required? (If the degree of skill is great or unique, the person is an Independent Contractor.) FACT PATTERNS Art shows up at the factory every day at 7 a.m. His factory is part of an automobile manufacturing company. Each day he places the front hood on the car as it moves down the assembly line. The assembly line moves at a steady pace, so he has only 12 minutes to position the hood on the car and bolt it into place. He has worked there so long (17 years), that Art requires no supervision. He doesn't mind the tedious work, though, because he gets paid $35 per hour, and the factory is air conditioned! Pete, the Pied Piper, is an itinerant teacher on contract with several communities including Hilo, Kailua-Kona, Kamuela. He wanders all around the Island of Hawaii from to Hilo to Hawi, from Kona to Ka‘u ... playing his pipes. The keiki follow him dancing and singing. The preschools love Mr. Piper, because he shows up whenever he pleases, which the kids find delightful (and the teachers find a welcome relief!). In fact, the townspeople are so happy when he comes, that they toss coins at him as he and the children parade down the street. The children eagerly gather the coins and give them to Mr. Piper in exchange for an opportunity to play his magic flute. An artist of great skill and infinite patience, he teaches the children over the years how to play the flute, so that by the time they are eligible for high school, they can join the high school's elite fife and drum corps. Michelangelo shows up at the Vatican every day to paint the ceiling in the Sistine Chapel. Day in and day out, he lies on his back on a plank between two very tall ladders. All day long he paints angels. He is constantly nagged by the cardinals and archbishops, who supervise him. He hopes that the most annoying Archbishop never notices how much the devil he painted two weeks ago bears a striking resemblance to the Archbishop. In order to cut costs, the Vatican offered to purchase all his brushes and paints at discount art supply stores. However, Michelangelo insisted that he wanted to buy his brushes only from Giovanni and his paints only from Francesco, except for his yellows, which must be purchased from Giordano. He gets room and board for his efforts, and a small stipend each month - as it has always been under the patronage system. As he paints his 78th angel, he wonders if his work will ever be seen as inspirational or whether it will be viewed as ordinary interior finish work. Larry the Locksmith works for Pick-a-Lock, which is a fast-growing franchise. He loves that his job is "on demand" rather than the usual 9-to-5 grind. It has its drawbacks, though, because a lot of people lose their keys when the bars close, which means he gets frantic calls after 2 a.m. Pick-a-Lock offer all his basic materials at deep discounts, since Pick-a-Lock buys key stock by the millions. Larry loves that he works on his own. Hours go by when it is just him at the key making machine - cutting and grinding keys. He also likes that he gets paid a base salary from Pick-a-Lock. He has the freedom to set the prices on all keys he makes for local companies. He is really glad that he stuck it out through all the years of training classes required to become a locksmith, and all the continuing education required since keys are constantly evolving. There really are very few locksmiths in any given city, because lock makers want to severely limit the number of people with access to master keys. Dr. Natalia Navalho is a consummate expert in her field after decades of building her reputation as a Navel Surgeon. She realized in medical school, that everyone is unhappy with their belly buttons. All the "innies" wish they there "outies"; all the "outies" wish they were "innies." She was going through medical school just when the bikini took the fashion world by storm. She travels the world giving lectures on cosmetic surgery to those who have so much time on their hands that they can contemplate their navel ... and have become dissatisfied with its appearance. She is the only physician in the world who successfully performs this surgery; she is associated with only the finest hospitals, who supply all her surgical equipment. Dr. Navalho is on contract to Brazilian Bikinis to recommend Brazilian Bikinis to show off the new navel. Dr. Navalho sets her own schedule. Brazilian Bikinis pays her $250,000 per year plus travel expenses for her endorsements of Brazilian Bikinis at various trade shows. 2 - Compare and Contrast Read the postings made by your colleagues. Compare and Contrast using the attached matrix. At the end of your analysis for each person (employee/independent contractor), indicate who has the stronger legal argument (you or your colleague), and WHY. View Full Description Once you post your answers, you will be able to see the responses of others.