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A.Research the topic and post a response. Through Internet research, determine t

ID: 3357088 • Letter: A

Question

A.Research the topic and post a response. Through Internet research, determine the powers created by a "general power of attorney" in your home state. Summarize the powers created by a general power of attorney and express your reasoned opinion as to whether these powers these powers are too broad and far-reaching

B. describe a hypothetical scenario involving the question of whether an individual is an employee or an independent contractor and issue a determination (based on the hypothetical you have created, and applying the "20-Factor Test" to your hypothetical) as to whether the person is an employee or an independent contractor.

C. Present a persuasive argument as to whether the employee leave granted by the Family and Medical Leave Act (FMLA) represents an undue burden on employers required to comply with the Act.
A.Research the topic and post a response. Through Internet research, determine the powers created by a "general power of attorney" in your home state. Summarize the powers created by a general power of attorney and express your reasoned opinion as to whether these powers these powers are too broad and far-reaching

B. describe a hypothetical scenario involving the question of whether an individual is an employee or an independent contractor and issue a determination (based on the hypothetical you have created, and applying the "20-Factor Test" to your hypothetical) as to whether the person is an employee or an independent contractor.

C. Present a persuasive argument as to whether the employee leave granted by the Family and Medical Leave Act (FMLA) represents an undue burden on employers required to comply with the Act.
A.Research the topic and post a response. Through Internet research, determine the powers created by a "general power of attorney" in your home state. Summarize the powers created by a general power of attorney and express your reasoned opinion as to whether these powers these powers are too broad and far-reaching

B. describe a hypothetical scenario involving the question of whether an individual is an employee or an independent contractor and issue a determination (based on the hypothetical you have created, and applying the "20-Factor Test" to your hypothetical) as to whether the person is an employee or an independent contractor.

C. Present a persuasive argument as to whether the employee leave granted by the Family and Medical Leave Act (FMLA) represents an undue burden on employers required to comply with the Act.

Explanation / Answer

A.

The general concept of "power of attorney" remains fairly constant from state-to-state. Each state's statutes, however, include their own nuances, so it is important to keep in mind that the legal citations that follow are, per the student's question, specific to the State of Florida. Further, each state has its own legal requirements with regard to the recognition of powers of attorney issued by other states.

B.

C.

Deciding whether an individual is an employee or independent contractor is becoming an ever more important question. Employers should carefully scrutinize each and every independent contractor relationship which exists within the business before the Labor Department, the IRS, or a state agency does it for you.

While the issue is taking on a new importance in light of federal and state attention, the criteria for the determination of bona fide independent contractor status have not gotten any clearer. Nor will this article provide a way for you to determine with legal certainty which is which. While we have no magic formula which answers every question, we do want to provide a "rule of thumb" or a "quick-scan" way of thinking about the subject which can help to raise questions about independent contractor relationships where they should be raised.

One fact that is certain is that the price and penalties for misclassification of employees will get ever higher. As one example of the increasing danger to employers who utilize independent contractors, earlier this year the DOL and the IRS entered into a Memorandum of Agreement by which the two agencies as well as a number of participating states (Connecticut, Maryland, Massachusetts, Minnesota, Missouri, Utah, Washington, Hawaii, Illinois, Montana and New York) have agreed to share information about independent contractor relationships.

Much of the reason for the renewed interest in the distinction between employees and independent contractors has to do with state and federal revenues. Employers pay payroll and other taxes on wages they pay to employee.

Yes,in my opinion,the employee leave granted by the family and medical leave act represents an undue burden on employers to comply with the act.Because this act includes no provision for punishment for the misuse of the act by the workers,may workers abuse the act due to laziness or for their personal benefits which harm the employers as well as their coworkers.It is found that often workers take leave under FMLA under no such serious medical condition,but merely to avoid undesirable shifts or an excuse for an unannounced absence or laziness.This imposes an undue burden on the employer due to loss of work without any sufficient reason.This also puts an undue administrative burden on the employer.In order to complete the work left by the employee on leave,the employer have to shift the work load on other workers or he has to hire more staff for this.Also the law requires the employer to keep a record and track of every minute of the FMLA leave of the worker which is an extra burden on the employer.

Hope this will be helpful. Thanksa nd God Bless you :-)

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