Guam Jury Instruction - 1.9.4.1 Employee Self-Employed Independent Contractor

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-9-4-1
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Guam Jury Instruction — 1.9.4.1 Employee Self-Employed Independent Contractor: In Guam, the jury instruction 1.9.4.1 is provided to guide the jurors in understanding the distinction between an employee, a self-employed individual, and an independent contractor. This instruction plays a crucial role in determining the rights, responsibilities, and legal classification of workers in various employment situations. Below, we will explore the different types and the key features of employee, self-employed, and independent contractor status as outlined in Guam's jury instruction. 1. Employee: An employee, as defined in Guam's labor law, is an individual who is under contract or agreement to perform services for another party, generally referred to as the employer. Employees work under the supervision and control of their employers, who have the authority to dictate their tasks, working hours, and provide training. They typically receive a regular salary or wages, have taxes automatically withheld, and are entitled to various employment benefits and protections. 2. Self-Employed: A self-employed individual, as described in this jury instruction, refers to someone who operates their own business or trade independently, without being under any contractual obligation or direct control of an employer. They have the freedom to choose their clients, set their own prices, and determine their working hours and methods. Self-employed individuals are responsible for managing their own finances, taxes, and business expenses. They are not entitled to traditional employee benefits but have greater flexibility in their work arrangements and potentially higher earning potential. 3. Independent Contractor: The concept of an independent contractor, as outlined in Guam's jury instruction 1.9.4.1, refers to a person or entity that provides services to another party based on a mutually agreed-upon contract. Independent contractors are neither considered employees nor self-employed individuals. They maintain a business relationship with the contracting party, but they retain a significant amount of control over the work they perform. Independent contractors are generally responsible for managing their own taxes, business expenses, and liability insurance. Unlike employees, they do not receive regular wages or employee benefits but negotiate their compensation and work terms based on the terms outlined in their contractual agreement. It is important for the jurors to understand the distinctions between these different employment classifications, as it has legal implications for both the workers and the parties engaging their services. The jury instruction 1.9.4.1 provides essential guidance to help determine the correct employment status for a particular situation, ensuring fair treatment and appropriate legal ramifications. (Note: It is worth mentioning that the content above is a general description of employee, self-employed, and independent contractor classifications and how they relate to Guam's jury instruction 1.9.4.1. For specific legal advice, individuals should consult legal professionals or refer to the actual Guam labor laws and regulations.)