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Full-Text Articles in Human Resources Management
Is Classifying Uber Drivers As Independent Contractors Really A Bad Thing?, Kyleigh A. Dinnien
Is Classifying Uber Drivers As Independent Contractors Really A Bad Thing?, Kyleigh A. Dinnien
Student Publications
Uber is a part of the gig economy providing individuals with the opportunity to earn cash by completing rides through the Uber platform. These drivers are classified as independent contractors, but there is a discussion on whether they should instead be determined as employees. Employees receive different types of benefits than do independent contractors which is often thought of as a good thing, but this independent contractor classification may be what is saving millions of people from being unemployed. There are reasons why Uber would like to continue classifying drivers as independent contractors and there are consequences to both categories …
A Third Class Of Worker: The Dependent Contractor, Lisa J. Fendrick
A Third Class Of Worker: The Dependent Contractor, Lisa J. Fendrick
Student Publications
The following research paper is intended to address the worker classification issue that has intensified due to the rise of the gig economy. After reviewing the current literature on the subject, it will be made clear that a change must be made to the binary classification system that is used in the United States, and to the methods used to categorize workers within the system. This paper proposes the addition of a ‘dependent contractor’ category, which would be a subcategory of employee, and would fall between independent contractor and employee in terms of what benefits they would be entitled to. …
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Akron Law Faculty Publications
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Ryan G. Vacca
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Law Faculty Scholarship
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …