The first issue in this case is whether or not the massage therapist is considered to be an employee or an independent contractor. Dream Massage has hired the person as an independent contractor but "exercises complete control over how she does her work", including the provision of clients, materials needed to do the work, and complete control over the massage therapist's schedule.
The IRS defines an independent contractor as follows: "an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done" (IRS, 2017). The level of control that Dream Massage has over the massage therapist in this scenario is not consistent with the legal definition of an independent contractor. Both the behavioral and financial aspects of the common law definition are consistent with the person being an employee. Thus, it is likely that the massage therapist will be considered to be an employee for taxation purposes.
It is worth noting that the company exerting some control will not automatically convert the worker from independent contractor to employee. However, this case is one where Dream has full control over the worker, and thus the worker would be considered to be an employee.
The second issue in the case is whether...
References
Aslam, S. (2011). Hijab in the workplace: Why Title VII does not adequately protect employees from discrimination on the basis of religious dress and appearance. UMKC Law Review Vol 80 (221)
Bahler, K. (2016) What to do if you're afraid to wear a hijab to work. Time Retrieved October 22, 2016 from http://time.com/money/4572115/wear-hijab-work-afraid-civil-rights/
IRS (2017) Independent contractor defined. Internal Revenue Service. Retrieved October 22, 2017 from https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-defined
Wood, R. (2011). Some control won't convert independent contractors to employees. Forbes. Retrieved October 22, 2017 from https://www.forbes.com/sites/robertwood/2011/02/03/some-control-wont-convert-independent-contractors-to-employees/#13de2c434158
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