Benchmark – Employee vs. Independent Contractor

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Scenario
Madrid and Berne is a top-rated accounting firm with offices in Phoenix and Tucson. Madrid and Berne wanted to provide bookkeeping as an additional service to its clients. It hired Joan Newman Business Services, with offices in Phoenix, Flagstaff, Tucson, and Yuma, to perform contract bookkeeping services for Madrid and Berne clients who requested and needed such services. Madrid and Berne entered into an independent contractor agreement with Joan Newman Business Services. The contract stated that Joan Newman is an independent contractor and agrees that her business is an independent contractor of Madrid and Berne.
After entering into the agreement, Joan worked solely on jobs assigned by Madrid and Berne and was paid a commission for the work. The commission was based upon the fees determined by Madrid and Berne and paid by the clients to Madrid and Berne. Joan was paid on a weekly basis. She used available and unused office space at Madrid and Berne, along with Madrid and Berne’s equipment and supplies. This arrangement made it easier for clients to utilize Joan’s services and be familiar with the offices. Madrid and Berne reviewed Joan’s work and returned faulty work to her for corrections before delivering the completed work to the clients.
Assignment
Consider and apply the feedback provided by your instructor regarding your discussion of the following in your Topic 6 assignment submission. Evidence of revision will be assessed and should be evident.
Provide an explanation of why it is important to know the distinctions between employees and independent contractors when operating a business.
Discuss the key factors for determining Joan’s employee classification using the concepts that have been presented so far in the course and your own research relevant to the scenario.
Using the rules for distinguishing between employee and independent contractor, discuss whether Joan’s designation as an independent contractor was correct, and justify your designation by citing laws and federal regulations.
In an additional 250-500 words, discuss the following from a Christian worldview perspective.
One ethical issue or dilemma the scenario presents for Madrid and Berne and strategies for addressing the issue or dilemma.
One ethical issue or dilemma the scenario presents for Joan Newman and strategies for addressing the issue or dilemma.
Submit the final 550 word analysis of the scenario to your instructor.

Sample Solution

during the spring and summer, feeding on anything from shrimp to mullet. The National Wildlife Federation (NWF) defines the maximum length of speckled trout at 25 inches, but I’ve witnessed three over 30 inches. All three were released, purely out of respect.

Due to decades of mismanagement, along with damaging hurricanes and the 2010 Gulf oil spill, coastal Louisiana is disappearing at a rate of one football field every 100 minutes. In the past 100 years, Louisiana has lost over 1,900 square miles, roughly the size of Delaware. Several major factors contribute to this land loss.

First off, the delta’s wetlands are, and always will be, sustained by the rich sediments delivered by the Mississippi River, but huge levees built to protect communities and other resources have in turn cut the tie between the delta and its lifeline, completely wasting the sediments that keep the marshes replenished. Even without these levees, the amount of sediment left in the lower Mississippi most likely wouldn’t sustain the regrowth of the marshland already lost. Given the number of dams and locks built upriver on the Missouri, Mississippi, and Ohio Rivers, the amount of sediment in the lower Mississippi has decreased by more than 70 percent since 1850.

Also, Louisiana is known as America’s Energy Coast, so thousands of offshore oil rigs and wells border the state’s shoreline. These oil platforms have severely affected the coastal hydrology and sped up land loss, not to mention the thousands of miles of oil and shipping canals, such as the Mississippi River Gulf Outlet and the Houma Navigational Canal, which carry saltwater deep into the wetlands, disrupting th

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