What Constitutes an Employee for Employment Law Legal Matters
Employment law encompasses the many protections an individual has in the workplace (or even during the interview process). There are a few categories of employment practices that are considered protected classes and given the highest priority in the courts. The protected classifications include age, race, religion, color, disability, creed, marital status, gender, pregnancy, national origin, ancestry, sexual orientation, having an arrest or conviction record, whistle-blowing, citizenship, taking family/medical leave and the use or non-use of legal substances. The very first question that needs to be answered in employment law matters are how many employees the company has and whether certain state laws apply to them (Employee Employment Law).
For instance, the Americans with Disabilities Act (ADA), which applies to employers with fifteen (15) or more employees during twenty (20) or more calendar weeks in the current or preceding year. The ADA uses a definition similar to OSHA’s: an individual employed by an employer. For instance, those individuals who are working as independent contractors may not be used to fulfill the above-mentioned quota. An independent contractor is an individual who is not under the direct supervision of the employer. For instance, a marketing consulting firm or other similar service provider would not be considered an employee because of lack of control. On the other hand, an in-house marketing director working under the direct supervision of the company could. Most people don’t know that even part-time employees can be used towards this fifteen (15) employee figure so long as they worked twenty (20) or more calendar weeks in the current or preceding year. On the other hand, directors of a corporation would not be considered employees, however, officers are likely considered employees of calculating the employee total.
If you or someone you know has a potential employment law claim and/or questions regarding your rights, contact the attorneys of The Ticktin Law Group for a complimentary consultation.