Contract analysis SeraPixel, Inc. v. Maria Connelly and CeraPixel, Inc. Problem 3d Interactive, Inc. entered an agreement to buy SeraPixel, Inc. a company that developed high performance 3D graphics...

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Issue
    Whether or not, SeraPixel has the right to stop Ms. Connelly and CeraPixel Inc. to hire Barth Cobin from being a part of their 3D graphic venture based company. Given than Barth has provided full time service as the graphic designer to SeraPixel, the compmay feels that it holds the right to retain Barth as its valuable professional. However, the issue is raised because of the nature of Barth’s professional bonding with SeraPixel; he has served the company as the independent contractor. Thus, formal obligation and legal provisions of being an independent contractor are applicable to the present case.
Law
    Various legal provisions of Internal Revenue Service (IRS) as well as the guidelines of US Department of Labor (DOL) are applicable to the given case. Especially, the references should be given to the DOL’s fact sheet 13, the relationship of the employment under the Fair Labor standards Act (SHRM, 2020).
Application
    In the context of the language mentioned in the contract, Barth and SeraPixel both have to understand the legal context of the working acceptance of Barth with the company. If, in reality, a worker is an employee or an independent contractor is the most fundamental question about the employment relationship. As with so many problems with employment law, the answer is that it depends. It depends on who's asking in this case: the Internal Revenue Service (IRS), the U.S. Department of Labor (DOL), a hearing officer for workers ' compensation and so forth. Even the courts have acknowledged that there is not always a simple distinction (SHRM, 2020).
    Moreover, employee status causes employer responsibilities under separate federal and state regulations that do not apply to independent contractors, and the employer is squarely responsible for classifying a worker correctly (SHRM, 2020). The functional and legal distinctions between workers...