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Full-Text Articles in Labor and Employment Law
General Rules Determining The Employment Relationship Under Social Security Laws: After Twenty Years An Unsolved Problem, Thomas F. Broden
General Rules Determining The Employment Relationship Under Social Security Laws: After Twenty Years An Unsolved Problem, Thomas F. Broden
Journal Articles
The present statutory language—"the usual common law rules"—is based upon the Status Quo Resolution of 1948. The relevant part of that Resolution provided that the term "employee" in the social security laws should not include "(1) any individual who, under the usual common-law rules applicable in determining the employer-employee relationship, has the status of an independent contractor or (2) any individual (except an officer of a corporation) who is not an employee under such common-law rules." To understand the meaning of the present statutory language one must study the governmental battle from which the Status Quo Resolution emerged. This battle …
General Rules Determining The Employment Relationship Under Social Laws: After Twenty Years An Unsolved Problem, Thomas F. Broden
General Rules Determining The Employment Relationship Under Social Laws: After Twenty Years An Unsolved Problem, Thomas F. Broden
Journal Articles
Twenty-four years ago the Social Security Act was adopted. Whereas in its inception it covered about half the labor force, now it applies to nearly 90% of American workers. One would expect that the basic rules of law applicable to such a vast program would, by now a generation later, be rather well settled. Yet, in one very important area of Social Security law, this is not true. This article discusses that unsettled part of the law. It deals with the general rules applicable in determining the employer-employee relationship under the Federal Social Security laws, with greatest emphasis on the …