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Employer to classify worker as independent contractor

Employer to classify worker as independent contractor

Employer to classify worker as independent contractor

Lopez, Inc is an educational consulting company. It has a staff of 27 employees and 5 independent contractors. All of the employees and independent contractors are of Hispanic descent. Lopez needs to hire one sales person and one computer programmer for a project. It intends to hire an employee to fill the position of full-time sales person. It intends to hire an independent contractor for the programming project. Lee, an Asian male applies for the programmer project. Larry, a white male, applies for the sales person position. Neither Lee nor Larry is hired. Both learn that Lopez, not only has a history of only hiring Hispanics, but that it, indeed, hired Hispanics for the sales person and independent contractor positions. Do either Lee or Larry have a claim for discrimination under federal law?

List the four criteria that must satisfied by an employer to classify a worker as an independent contractor.

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