Bob has his own development company and is building a

Bob has his own development company and is building a townhouse complex with some special features that his company hasn’t included before. He wants each of the townhomes to have special artwork relating to the west coast environment. He likes the idea of either wood carvings or glass etching, but since none of his current employees has those talents, he has decided to hire a couple of artists.

The first artist is Kelsey, she does glass etchings of plants, trees, and birds. The units with glass etchings will include up to 4 etchings, one in the glass divider near the entranceway, and the others can be in cabinet doors or on mirrors.

The second artist is Stan, he does wood carvings and has suggested that carvings could be done in the mantels for the fireplaces, and in the posts at the start of the staircase handrails.

Kelsey has her own business doing similar work for other companies and individuals. Since Bob expects the development to take over one year to complete, he wants her to commit to do the work for him when required as a priority over any other work she may find. She agrees but says that to do so she will need a base payment of $3,000 per month, plus Bob will supply all the materials.

She has written into the agreement that she must approve how the artwork is installed so it is displayed the way she wants. She will also receive a bonus payment of 50% of any additional revenue if a buyer orders additional glass artwork. She can bring in her sub-contractors to help as necessary and will bill Bob monthly.

Stan has sold some of his artwork to individual customers and has also been working as a construction laborer for the past two years whenever he wanted extra cash. He is looking forward to focusing on his art. Bob has agreed to pay Stan $3,000 per month. Stan does not like dealing with customers so he will leave that part up to Bob. As well Bob will supply all the materials needed so it will be up to his quality expectations.

Stan likes to keep busy, so he has asked Bob if he could help with any of the construction work between the times when he finishes the carvings for one unit and when the next is ready.

Stan does have a portfolio of his work but has not had to work on a production schedule like this before. Bob has decided that he will have to monitor Stan’s progress to ensure the homes are completed on schedule. If there is time permitting Bob will allow Stan to work with the construction crew. Stan will be paid the construction rates for any hours he works with the crew.

Stan has some of the tools necessary for the fine detail work but will need Bob’s tools and help from some of the other construction laborers to install the mantels and handrail posts.

Required

1. Determine if it is an employer/employee relationship, or self-employed.
2. What are some additional questions to ask to clarify the classification?