Explain the difference between an employee and an independent contractor and the tests that help us in that determination.

Chapter 1
The Regulation of Employment

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Learning Objectives

After completing this chapter, you should be able to:

LO1 Describe the balance between the freedom to contract and the current regulatory
environment for employment.

LO2 Identify who is subject to which employment laws and understand the implication of each of these laws for both the employer and employee.

LO3 Delineate the risks to the employer caused by employee misclassification.

LO4 Explain the difference between an employee and an independent contractor and the tests that help us in that determination.

LO5 Articulate the various ways in which the concept “employer” is defined by the various employmentrelated regulations.

LO6 Describe the permissible parameters of noncompete agreements.