a part-time paid employee who makes sales calls from a company office is part of a course hero

by Michael Paucek 4 min read

What is the legal definition of a part time employee?

There are no legal guidelines that determine whether or not an employee is a part-time or full-time employee. The Fair Labor Standards Act, which sets legal requirements in the U.S. for wages, hours, and overtime, doesn’t specify how many hours per week is considered full-time employment.

Are salespeople classified as employees or contractors?

Salespeople are usually classified as either The classification depends on the right of the worker to control or direct the work being done. The IRS says that what matters is that "the employer has the legal right to control the details of how the services were performed."

What do you call a salesperson who calls on supermarkets?

101) A salesperson calling on supermarkets to take repeat orders is called an order taker. true 102) Demand creators are not permitted to take an order but expected rather to build goodwill or educate the actual or potential user. false

How does a part-time job work?

How Does a Part-Time Job Work? Part-time employees typically include students, moms and dads, retirees, and other workers who don't want or need the time commitment of a full-time position. Some workers may also hold two or more part-time jobs instead of working full-time at one organization.

What is the difference between a full-time job and a part-time job?

Employers decide how many hours per week is full-time and part-time, and what the differences will be. Part-time employees are usually offered limi...

How many hours must a full-time employee put into work?

The U.S. Department of Labor does not give a definition of what a full-time employee is, but the IRS and the Affordable Care Act (aka Obamacare) de...

What type of jobs are suitable for part-time employment?

Traditionally retail, fast food, and hospitality work have been the domain of part-time jobs, as they often need flexible schedules to accommodate...

Is a 32-hour workload considered part-time?

While most employers define full-time work as ranging between 32 and 40 hours a week, the Affordable Care Act specifies that a part-time worker wor...

Can a part-time worker become a full-time employee?

Sometimes what seemed like a temporary change may become a long-term one, and a part-time employee may end up working full-time hours for an extend...

How do I apply overtime regulations to my part-time employees?

Part-time workers may occasionally end up working overtime, or more than 40 hours, in a week. This might happen when a business is at the height of...

Are part-time workers entitled to vacation?

There is no requirement that employers grant part-time workers vacation time. However, it is common for employers to offer part-time workers some t...

What are part-time workers entitled to?

Part-time workers are not typically afforded the same health and retirement plans as full-time workers. They are entitled to a minimum wage and sho...

How many sick days do part-time employees get?

Only Arizona, California, Connecticut, Massachusetts, Oregon, Vermont, and Washington states have mandatory sick leave laws. While there are no fed...

On what sites can I post a part-time job vacancy?

Indeed. FlexJobs. Snagajob.

What Are Part-Time Employees?

A part-time employee is an employee who works less than full-time. While this sounds obvious, it's important to spell out this distinction in your employee policy manual.

How many hours does a full time employee work?

For this purpose, a full-time employee is an employee employed on average at least 30 hours a week or 130 hours a month. 3

Why Should I Designate "Full-Time" Employee Status?

It is important to distinguish between full-time and part-time employees because part-time employees typically don't receive:

What is an ALE employee?

The IRS looks to the Affordable Care Act provisions and the responsibility of larger employers (ALE) to make payments if they don't offer health coverage. To decide which employers must make these payments, full-time equivalents are calculated, based on identifying full-time employees. For this purpose, a full-time employee is an employee employed ...

What are the benefits of being a part time employee?

It is important to distinguish between full-time and part-time employees because part-time employees typically don't receive: 1 Paid time off, such as vacations or holidays 2 Employee benefits such as health insurance 3 And part-time employees are often excluded from participation in employer retirement plans.

Why are some employees exempt from overtime?

Some employees may be designated as exempt from overtime because of their position or the type of work they do . Exempt employees are usually salaried and also usually full-time, but this isn't always true.

What is a full time equivalent?

A business that has 50 or more "full-time equivalents" faces a penalty if the employees aren't given the opportunity to have an employer-paid health plan. A business that has fewer than 50 full-time equivalents may receive tax credits for providing a health care plan for employees. 4.

What is a salesperson?

It seems obvious to define a salesperson as an individual engaged in selling merchandise or services. Salespeople are usually classified as either. An employee (sometimes called a common law employee) An independent contractor. The classification depends on the right of the worker to control or direct the work being done.

How are retail salespeople paid?

Retail salespeople who sell directly to consumers are typically considered employees, paid by commission, salary, or by the hour. 4 

Why are salespeople considered independent contractors?

Many businesses prefer to have salespeople considered as independent contractors because no FICA taxes and benefits are required of the company for these workers. But the company must be careful in how it treats workers, to be sure the workers are really independent.

What are the factors that indicate an employment relationship?

Expenses were paid by the company and the salesmen were provided a vehicle to use to make sales calls and deliver products. Both of these factors indicate an employment relationship. The salesmen did not invest in facilities to use in performing duties; they were reimbursed for their expenses.

What was the training of salesmen?

All of the salesmen had training, which consisted of "riding along," providing advice, or seminars, but much of the training had to do with the specifics of the products being sold, rather than details of how to sell. The Court decided that this factor was only "minimally" decisive.

What is a non-employee tax?

They are in a special IRS category called "statutory non-employees," treated as self-employed for all federal tax purposes, including income taxes and employment taxes . The requirements are that: Substantially all payments for their services are directly related to sales or other output (not based on hours worked)

Is an employee considered an employee?

The IRS considers workers to be employees unless there is a compelling reason to consider them as independent contractors. They base the decision on the facts in the specific case compared to three common law rules:

What is part time job?

Updated July 02, 2020. A part-time job is one that usually requires a person to work fewer hours per workweek than their employer deems full-time employment.

What is part time employment?

Part-time employees typically include students, moms and dads, retirees, and other workers who don't want or need the time commitment of a full-time position. Some workers may also hold two or more part-time jobs instead of working full-time at one organization.

How Does a Part-Time Job Work?

Some workers may also hold two or more part-time jobs instead of working full-time at one organization .

How many hours a week is considered part time?

Traditionally, the standard number of hours per week for full-time employment in the U.S. has been 40. However, many employers consider employees as working part-time based on a different schedule, e.g. under 30 hours or 35 hours a week. 1 .

How many hours are part time?

For example, an employer might classify a worker as part-time if they work less than 35 hours per week. Traditionally, the standard number of hours per week for full-time employment ...

Why are part time jobs considered part time?

Employers determine which roles are considered part-time jobs because there are no legal guidelines for a required number of hours per week. It's possible to receive health benefits through a part-time job. Most industries hire part-time workers in some capacity.

Why do people work part time?

Some people prefer to work part-time for a variety of reasons, including having more time to attend to parenting responsibilities, working on their own business ventures, or complete schooling. Working less can also help reduce stress and offer a better work-life balance.

How many hours does a part time employee work?

Part-time employees typically work less than 32 hours per week, full-time is usually 32-40. Part-time employees are usually offered limited benefits and health care. Often a part-time employee is not eligible for paid time off, healthcare coverage, or paid sick leave.

How many hours a week is considered part time?

For most companies, 30 hours to 35 hours per week is considered to be part-time. The federal government does not provide a definition of a part-time employee, so part-time is largely defined by employers and is different from company to company.

When Does a Part-Time Worker Become Full-Time?

If a part-time worker is consistently working full-time but not receiving full-time benefits, this can lead to IRS and ERISA violations. You’ll want to have a specific policy that dictates when a part-time employee becomes full-time so that you consistently offer benefits across your organization.

How many hours can you work overtime in FLSA?

Overtime for Part-Time Workers: Part-time workers may occasionally end up working overtime, or more than 40 hours, in a week. Part-time worker overtime is governed by the FLSA rules on exempt and non-exempt employees. Most likely you will be required to pay a part-time worker overtime, but be sure to review the rules.

Why are part time jobs considered part time?

But now more professionals are becoming part-time workers to give both employee and employer increased flexibility.

Is a full time job considered an ALE?

The U.S. Department of Labor does not give a definition of full-time employment. These definitions may not affect you if your company is not considered an Applicable Large Employer (ALE) by the IRS. Generally, companies with fewer than 50 employees are not considered ALEs, but this can vary for a number of reasons.

Can part time work be a drag on productivity?

One common warning though is that too many part-time workers can be a drag on productivity. Basically, the less time people spend immersed in their job and the company culture, the less productive they are.

What is considered an act within the course of employment?

For an act to be considered within the course of employment, it must either be authorized by the employer or be so closely related to an authorized act that an employer should be held responsible. This means that there is a significant difference between an employee that causes a job-related accident and an employee who causes an accident ...

What happens if an employee takes a client out for drinks?

One night, after taking a client out for drinks, the employee is driving home and hits a pedestrian. The employer likely will be held responsible since it encourages sales people to take clients out for food and drinks, and that is precisely what the employee was doing when the accident occurred. Employer liability would be more ambiguous in this ...

What is respondeat superior?

Employers are vicariously liable under the doctrine of " respondeat superior " for the negligent acts or omissions by their employees in the course of employment. The key phrase is "in the course of employment". For an act to be considered within the course of employment, it must either be authorized by ...

Is an employer liable for an employee's act?

An Employer's Liability for Employee's Acts. Employers, and not the employees themselves, will often be held liable for the conduct of their employees. This is true even if the employer had no intention to cause harm and played no physical role in the harm. To understand why, you have to understand two basic concepts that underlie employer ...

Is an employer liable for a car accident?

The employer is likely not liable for the car accident, unless a jury decides that the employer should have known that employees would use the phone for personal calls and took no steps to prevent misuse of the phone. Finally, a special type of work-related accident occurs when one employee injures another employee while on the job.

Who is most likely to pay when someone is injured?

Second, when someone is injured or harmed and needs to be compensated, who is the most likely to pay: the employee or the employer ?

Is it true that an employer has no intention to cause harm?

This is true even if the employer had no intention to cause harm and played no physical role in the harm. To understand why, you have to understand two basic concepts that underlie employer liability. First, employers are seen as directing the behavior of their employees and accordingly must share in the good as well as the bad results ...

What is the meaning of "e" in a customer order?

E) the details of customer order received

What is a B software company?

B) a software company that creates standardized supply chain applications for manufacturers

How should a salesperson involve the customer?

d) The salesperson should involve the customer by having him or her hold, touch, or use the product.

What should a salesperson focus on?

a) The salesperson should focus on anticipating questions and answering them before they're asked .

Who is Kevin Miller's sales manager?

Sherry Sullivan, Kevin Miller's sales manager, points out to him that his last shopper in the housewares department didn't seem involved as he explained the new food processor to her. She suggests that he use a ___________ as part of his presentation next time.

Who is Scott Bartello?

Scott Bartello, a salesperson for Xerox, develops a list of potential customers and evaluates them on the basis of their ability, willingness, and authority to purchase copy machines. This process is called

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Salespersons – Options For Status and Pay

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It seems obvious to define a salesperson as an individual engaged in selling merchandise or services. Salespeople are usually classified as either 1. An employee (sometimes called a common law employee) 2. An independent contractor The classification depends on the right of the worker to control or dire…
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How Federal and State Regulations Dictate Salesperson Status

  • The IRS considers workers to be employees unless there is a compelling reason to consider them as independent contractors. They base the decision on the facts in the specific case compared to three common law rules: 1. Behavioral control 2. Financial control 3. Type of relationship 2 The U.S. Department of Labor looks differently at outside sales people (those selling remotely) and i…
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State Laws and Salesperson Status

  • Some states have laws dealing with the status of salespersons. For example, California law uses the same common law rules as the IRS, for the purpose of determining eligibility for unemployment insurance. 4
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Status of Types of Salespeople

  • Retail salespeople who sell directly to consumers are typically considered employees, paid by commission, salary, or by the hour.4 Salespeople who drive a route (delivering food or beverage products, for example) are usually employees unless they have a substantial investment in the facilities (not transportation) used in performing their services.4 Most real estate agents oper…
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Salespeople as Independent Contractors: A Specific Case

  • A 2008 federal district court heard an Iowa case dealing with the status of a company selling livestock products and the classification of the salespeople as independent contractors. Take a look at the specific findings of the Court:8 1. The salesmen (all men in this case) had no set territory, no set hours of work, and no one else had control over when they worked. All three of th…
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