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android android aplikasi tool aplikasi Best Software All trademarks are property and property of their respective owners. Please do not ask, post or transmit our or other or my software from any site or forum. (10th Cir.1981), as follows: "... As a general proposition, an employer is entitled to a presumption that an employee is an independent contractor when the employer has no real control over the manner in which the work is performed, that is, when the employer lacks the right to control the progress of the work except as to the result to be accomplished." In Republic Steel Corp. v. Cardillo, supra, the Supreme Court set forth the following basic facts that must be established to rebut the presumption of independence: "... (1) the employer has the right to control and direct the individual who performs the work, not only as to the result to be accomplished, but also as to the details and means by which that result is accomplished; (2) that the employer has the power to determine the hour, the day, the method, and the order of the work; (3) that the employer makes the tools and the place of work; (4) that the employer has the right to inspect the work before it is done; (5) that the employer has a right to discharge without cause; (6) that the employer pays the worker a fixed salary or other compensation; (7) that the employer supplies the instrumentalities, tools, and the place of work for the person doing the work; (8) that the services rendered by the worker are a distinct part of the employer's regular business; (9) that the work is not a part of the regular business of the employer; and (10) that the parties intend that the individual be an independent contractor." We first address the question of whether the machine shop was the employer of its employees or whether it was an independent contractor. Here, the evidence shows that the employer was the holder of the machine shop lease, for it was the landlord in the building containing the machine shop. The lease authorized the tenant to use the shop for its business. The employer provided the shop with equipment and operated it on a 24-hour a day basis. The employer hired the employees, set the hours they worked and the type of work they did. The employer could discharge the employees at will. The employees were paid an hourly rate and received no fringe benefits. When work ceased at the machine shop because the machine



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