The sale of insurance is a highly specialized field that requires considerable

The sale of insurance is a highly specialized field that requires considerable training, education, andskill. American Family Insurance Company sells its products through a network of  insurance agents. At the start of their tenure, the agents sign an agreement stating that they are independent contractors. They work out of their own offices, set their own hours,provide the resources to run their offices, and hire and pay their own staffs. The agents file their taxes as independent contractors and deduct their expenses as self-employed business owners. American Family requires the agents to file daily activity reports, prioritizethe sale of certain policies, and engage in specific sales tactics. The company approves the agents’ office locations and imposes qualifications on their staff members. The agents are paid in commissions. Walid Jammal and other agents filed a suit in a federal district court against American Family, claiming that the company classified them as independent contractors to deprive them of employee benefits. [Jammal v. American Family Insurance Co., 914 F.3d 449 (6th Cir. 2019)] (See Agency Relationships.) 

(a) Use the IDDR approach to consider the ethics of American Family’s decision not to provide its agents with employee benefits.

(b) Apply the criteria used by the courts to decide whether the agents in this case should be categorized as employees or independent contractors.

 

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