Discussion Question 1: Independent Contractors or Employees

Jan Smith owns a hair salon with five stations. She rents out the stations to stylists. A receptionist records the schedules of all the stylists. Jan oversees the schedule to make sure that someone is in the salon at all times to accommodate walk-in business. She only allows the stylists to use the salon during working hours. The stylists must use the products Jan carries. Before they can work at the salon, Jan needs them to attend a training that she conducts. Jan also makes stylists sign an agreement that states that they understand they are independent contractors, not employees.

Make an argument that the stylists are either independent contractors or employees


Discussion Question 2: Employee Handbook

It is common practice to ask employees to sign a disclaimer acknowledging receipt of an employee handbook. The disclaimer specifies that the handbook is not a contract but only a policy guideline. Does this seem fair? Why or why not?

Can the employees be subject to discipline if they do not follow the handbook?

What happens to the employer if they do not follow the handbook? Provide examples to illustrate your answer.

Comment on the postings of at least two peers.


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