Taxation Tasks Essay

1 ) Patty owned Patty’s Cakes in Jacksonville. Florida. She sold her concern to Fruity’s. Inc. a national pastry company. There was a non-compete understanding in the contract for the sale of her concern. In the non-compete. Patty agreed non to work in any capacity in the nutrient industry for 10 old ages on the full E seashore. A tribunal would probably find that the non-compete understanding a ) violates federal jurisprudenceB ) is unenforceabledegree Celsius ) is enforceablevitamin D ) both A and B 2 ) A liability that may widen from an employee to the employer if the employee is moving within the range of his or her employment at the clip the liability arose is called: a ) vicarious liabilityB ) employee liabilitydegree Celsius ) employer liabilityvitamin D ) adverse liability 3 ) A individual who contracts with a principal to execute a undertaking harmonizing to her or his ain methods. and who is non under the principal’s control sing the physical inside informations of the work is called a/an: a ) Contingent workerB ) Temporary workerdegree Celsiuss ) Independent contractorvitamin D ) All of the above 4 ) Benita works as a nursing helper in a retirement place run by Cottonwood Care Centers. a national operator of installations supplying attention for the aged. Benita works 53 hours a hebdomad. After looking at her paysheet stubs for the past 6 months. she concludes that she has non received sufficient overtime wage. She complains to her supervisor but the company takes no action. a ) Benita can convey a ailment to the National Labor Relations Board under the Fair Labor Standards Act of 1938 ( FLSA )B ) Benita can convey a ailment to the U. S. Department of Labor. under the Fair Labor Standards Act of 1938 ( FLSA )degree Celsius ) Benita can convey a ailment to the U. S. Department of Labor. under the Employee Retirement Income Security Act of 1974 ( ERISA ) .vitamin D ) Benita can convey a ailment to the U. S. Department of Labor. under Executive Order 11246 5 ) Ling often stocks shelves for Ace’s Market on an as needful footing. Ace pays Ling $ 5 per shelf. One twenty-four hours Ling falls off a broken ladder while carrying a shelf. Line is earnestly injured: a ) If Ling is determined to be an independent contractor. he is eligible for workers’ compensationB ) If Ling is determined to be an employee. he is eligible for workers’ compensationdegree Celsius ) Ling is eligible for workers’ compensation whether he is an employee or an independent contractorvitamin D ) None of the above 6 ) ABC. Inc. solicited commands from assorted independent contractors to landscape the evidences of its new office composite. Drew. caput of installations direction told Patty. his secretary. that he would non accept any commands from Latino contractors. Drew explained that he would authorise engaging lone American contractors to work on the evidences. A Latino contractor brings a case against ABC for favoritisms. a ) Drew’s refusal to engage Latino companies is a misdemeanor of the Independent Contractors Act of 2006.B ) Drew’s refusal to engage Latino companies is a misdemeanor of the Title VII of the Civil Rights Actdegree Celsius ) The Latino contractor can non predominate in a favoritism instance because John’s conversation with his secretary is confidential and can non be used as grounds.vitamin D ) Drew’s refusal to engage Latino companies is non a misdemeanor of the Title VII of the Civil Rights Act because that jurisprudence does non cover favoritism against independent contractors. 7 ) BRC Partners is a confer withing house. Sam and Arnie are analysts for BRC. Sam was hired as an employee and Arnie was hired as an independent contractor. They both work in the same BRC office under the same supervisor. They both must work Monday through Friday during the criterion concern hours. Both are required to describe to hebdomadal staff meetings. Sam is paid a wage and the proper federal and province revenue enhancement withholdings are made. Arnie does non have benefits like retirement and wellness insurance and his is paid by the undertaking with no federal and province withholdings. Arnie signed a contract that clearly stated he was an independent contractor and non an employee. a ) BRC has decently classified Arnie as an independent contractorB ) BRC has improperly classified Arnie as an independent contractordegree Celsius ) BRC has improperly classified Arnie as an independent contractor. nevertheless. its contract with Arnie is adhering and BRC will hold no liability under federal or province jurisprudence for the misclassification. vitamin D ) BRC has improperly classified Arnie as a independent contractor. nevertheless. its contract with Arnie is adhering and BRC will hold no liability under federal and province jurisprudence for the misclassification. but Arnie will hold liability under federal and province jurisprudence. 8 ) Pilar is hired by Axel. Inc. as an independent contractor. To avoid a finding by the IRS that Pilar has been misclassified as an independent contractor. Axel should: a ) provide preparation to PilarB ) wage her by the hrdegree Celsiuss ) pay FICAvitamin D ) none of the above 9 ) Clarence works as an independent contractor for the jurisprudence house of Kafka. Rivera and Grisham. a ) Clarence will be responsible for doing payments for his Social Security ( FICA ) . estimated federal income revenue enhancement payments. estimated province income revenue enhancement payments and Medicare.B ) Clarence will be responsible for doing payments for his FICA and Medicare and the jurisprudence house will be responsible for keep backing paysheet tax write-offs for his federal and province income revenue enhancements.degree Celsius ) Clarence will be responsible for doing payments for his Social Security ( FICA ) and Medicare. but the jurisprudence house will be responsible for doing estimated federal income revenue enhancement payments. estimated province income revenue enhancement payments for him. vitamin D ) Clarence will be responsible for doing payments for his Social Security ( FICA ) . keep backing tax write-offs for his federal and province income revenue enhancements and Medicare. 10 ) Which of the followers is non covered by the EEOC’s definition of contingent worker? a ) an employee hired through a staffing houseB ) a impermanent. seasonal. or parttime workerdegree Celsius ) an appliervitamin D ) an independent contractor