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Essay / Job Categories: Worker Classification - 1006
IntroductionJob categories exist to classify workers in a variety of fields and disciplines. Incorrect worker classifications have legal and financial implications for a company if a grievance is filed with the Equal Employment Opportunity Commission. EmployeeEstablishing employment types is essential in determining the legal compliance and responsibilities an employer must follow under federal law. The first type of employment category involves determining whether a person performing work is a bona fide employee. Title VII of the Civil Rights Act of 1964 defines an employee as a person who performs work for an employer (Walsh, 2012). Although this is a vague definition of what constitutes an employee, it is a start. While common sense suggests that an employee is anyone who performs work and receives compensation for the work performed. This creates a gray area between the legal definition and the common sense definition. According to Muhi, "Black's Law Dictionary defines 'employee' as 'a person in the service of another under any contract of employment, express or implied, oral or written, in which the employer has the power or right to control and direct the employee in the important details of how the work is to be performed,” Muhl, C. (January 1, 2002). Based on this definition, this would imply that an independent contractor could not be considered an employee because the role and work varies depending on how it is performed, when it is performed, and the contribution of the employer to the process. This type of employee is the traditional form of employment that most workers experience. It offers benefits, advancement opportunities, and one-way job stability. Some disadvantages of this type of employment are...... middle of document...... we have a variety of employee classifications in the above group. 75% of the CMS workforce is full-time employees, 15% are part-time, 5% are independent contractors (technology), a combination of temporary workers, these positions are typically hired for less from 6 months to a year, often retirees, and substitute workers, 5% substitute teachers, bus and after-school service drivers and secretaries. The percentage distribution represents how the school should be staffed. I chose the highest percentage of full-time employees based on district needs. ReferencesMuhl, C. (January 1, 2002). What is an employee? The answer depends on federal law. U.S. Bureau of Labor Statistics. Retrieved from http://www.bls.gov/opub/mlr/2002/01/art1full.pdfWalsh, D. (2012). Labor law for human resources practice. (4 ed.). Mâcon: legal studies of the South-West in business.