Owner of a Thriving Business

In: Business and Management

Submitted By stinger9685
Words 768
Pages 4
My response to Carol would be, the 5 independent contractors, which I have hired, do not meet the direction of control or common law test for who is an employee set by the Texas Unemployment Compensation Act. The test states, employment is a service, including interstate commerce, performed by an individual for wages or under an express or implied contract of hire, unless it is shown to the satisfaction of the Commission that the individual’s performance of the service has been and will continue to be free from control or direction under the contract and in fact. Hence, by implication, an independent contractor would be a person whose services do not meet the test previously mentioned. In other words, an independent contractor is a person or entity who runs their own business and usually does work for several businesses. An employee is hired to perform work for a specific employer.

If there are no documents keeping track of David’s hours then this can cause potential problems in the future. If David, were to come back and say he was not paid for the extra hours he worked, them I would be at the discretion of what David says he worked. In order to reduce this risk of liability would consider classifying employees (if they are eligible) as exempt employees and require all non-exempt employees to keep track of their time and forward for review/approval at the end of the week.

I am not obligated by law to provide breaks throughout the day. Texas does not have any laws requiring an employer to provide a meal or breaks to employee, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. If I did decide to provide breaks, they type lasting less than 20 minutes, must and will be paid. Lunches, usually 30 minutes or greater, do not need to be paid, as long as the employee is free to do as they…...

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