Proper definition of workers under the employment law remains a brain teaser for most organizations. Through this maze of confusion, some employers baffle through the process of correctly categorizing their staff. This is one huge business mistake likely to fuel future litigation while overlooking vital employee’s protection benefits.
In the education industry, there is a thin line that separates employees and non-employees. Compared to non-employees or the independent contractors, employees enjoy more legal benefits. Keep us company as we break ice on whether professors are indeed appointees or employees.
Main Distinction between Academic Personnel
In almost all universities, administration members like deans, librarians, presidents and vice presidents fall under the academics category. The main role of the academics or faculty members is to lecture, research, and publish analysis in universities and colleges.
Apart from academic qualifications, faculty members and administrative personnel differ in the contract period. While academics work for around 9 months, the administrative team toils throughout the year. Sometimes organizations classify these two professionals as twelve-month and nine-month faculties.
In a 1915 Declaration on academic freedom, relevant sections indicate that faculty members are appointees and not employees as previously presumed. Appointees are workers accountable to the public and not employers.
Although professors discharge their services to the public and qualify as appointees, they still receive statutory benefits meant for employees. It does not matter how hard the American Association of University Professors (AAUP) support the appointee motion; altogether, it remains a serious bone of contention.
Workers’ Relationships.
Way before the employee vs. employer tag, companies used the master-servant classification. Even though most companies dropped this preference, it still reigns in some situations.
According to the Restatement of Agency, masters are high ranked individual that hires agents to work on their behalf. As a result, they control activities and conducts of the employees. On the other hand, servants work under the master at a fee.
Another classification is the employer vs. independent contractor workers’ relationship. Independent contractors engage other professionals to accomplish a task. No one controls the other apart from observing optimum performance through the undertaking.
To help define the right working relationship in your company, contact reliable employment lawyers. With their mammoth expertise on the job, they should guide you through the vital tests that courts use.
One effective method is the common law control Test. Here, experts observe the controlling power an employer has over other workers. Then, there is the economic realities test. Instead of concentrating on control, this test focuses on various characteristics that determine staff classification. Some of them include employer’s role in company growth and the impact of the employer to the staff.
Bear in mind that courts use different factors in economic realities test. Therefore, the process may appear more complicated compared to common law test.
Employee vs. Appointee Status
The declaration strictly demands that professors’ characteristics portray them as appointees. Yet, the law does not categorize appointees under the common workers’ categories. For professors to qualify as appointees, courts have to rework on the classifications requirements first. Clearly, going through lengthy court proceedings would be an expensive and tedious affair.
The only realistic solution is to maintain independent contractor and employee as two keys labels that describe professors. Note that working as an employee attracts less overtime and wages compared to independent contractors.
However, employment law covers them against safety, discrimination and others. These are protection rights not given to independent contractors.
Why Employee Status Best Suits Professors?
According to AAUP, professors have the liberty to research and publish analysis. If the published work gains publicity, the lucky university enjoys the limelight because the professor still works under them.
Using the Economies realities test, it is quite clear that professors receive salaries from their respective employers. On that basis, professors lean more on the employee status. Then, there is hiring, firing factors where universities have the power to discipline the academics. This definitely classifies professors as employees because independent contractors are not prone to reviews and disciplinary action by the employer.
According to the common law test, professors enjoy more freedom and control in their work. This characteristic replicates the independent contractors. Yet, limited supervision does not always equate professors to independent contractors’ rank.
More so, extreme supervision on a professor seems overly intrusive and may affect the intended care free teaching in universities.
Final Word
Despite the declaration making a breakthrough on academic freedom in America, it is not practical when determining employment relationships. Still, professors continue to enjoy statutory protection, more freedom and monthly wages. Point blank, these elements depict the real picture of an employee more than an appointee.
However, due to the legal risks surrounding the matter, some experts and employment lawyers would disagree and still classify professors as appointee. Whatever the decision, engage a steadfast law firm and protect your business against employee rights lawsuits.
