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Understanding Employment Laws: Independent Contractor vs. Employee Rights

Learn the distinctions between independent contractors and employees, workers' compensation, hazardous occupations, unemployment compensation, right-to-work laws, and collective bargaining.

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Understanding Employment Laws: Independent Contractor vs. Employee Rights

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  1. Chapters 21 & 22 Business Law

  2. Independent Contractor • Without Supervision • Agrees to Produce a job. • Different from an Employee who works under direction and control of an employer

  3. Workers Compensation • Payment made by the employer into an insurance fund to compensate employees for their injuries that they received on the job.

  4. Hazardous Occupations • Mining • Manufacturing Explosives, brick or tile • Operating power-driven hoists • Logging and Saw Milling • Driving motor vehicles or acting as an outside helper on such vehicles. • Exposure to radioactive materials • Operating power-driven woodworking, metal-forming punching, shearing, or baking machines. • Slaughtering or meat packing • Circular saws, band saws, or guillotine shears • Wrecking or demolishing buildings or ships • Roofing • Excavating

  5. Unemployment Compensation • Money paid by the government to workers who have lost their jobs through no fault of their own. • If the employee has been discharge because he or she violated an employment obligation—such as getting fired—they are not entitled to unemployment compensation.

  6. Chapter 22

  7. “Right to Work”-Law • Prohibit compulsory union membership and ban the union shop, closed shop, and agency shop. • Union shop-must join the union within 30 days if not already a member. • Agency Shop—they don’t have to join the union, but they do have to pay the dues. • Closed Shop—Must join union PRIOR to being hired. • Open Shop– Are NOT required to join the union or pay Dues. • UTAH IS A RIGHT TO WORK STATE!!

  8. Collective Bargaining • The process where the UNION and the EMPLOYER negotiate a contract of employment that binds both sides. • Pay, Fringe Benefits, vacation, Sick leave, hours, overtime, health care, working conditions, and safety issues are the most common items discussed.

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