In Deciding Whether a Worker Is an Employee or an Independent

question 53

Multiple Choice

In deciding whether a worker is an employee or an independent contractor, a judge will

• A)always give effect to the literal terms of the parties' contract.
• B)usually resolve the issue on the basis of presumptions.
• C)be most influenced by the fairness of imposing vicarious liability as a result of the worker's tortious conduct.
• D)be substantially influenced by the fact that independent contractors almost always earn more than employees for doing the same work.
• E)apply the control or organization test and will look to the substance not the form of the relationship.

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Definitions:

Slotting Allowances

Fees paid by a vendor or manufacturer to a retailer to secure shelf space for their products.

Retail Shelves

Retail Shelves are the physical spaces in stores where products are displayed for sale, playing a critical role in product visibility and accessibility to consumers.

Manufacturers

Entities engaged in the production of goods by transforming raw materials or components into finished products on a large scale.

Cost-Plus Pricing

A pricing strategy where a fixed percentage is added to the production cost to determine the selling price of a product or service.