An arbitration agreement between employer and employee does not bar the EEOC from pursuing victim-specific judicial relief in its own enforcement action.
employment
Employee/independent contractor characterisation is determined by the legal rights and obligations in the written contract, not the totality of the relationship.
HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.
A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.
Get a detailed analysis of EEOC v Waffle House Inc and how it applies to your situation.
Explain EEOC v Waffle House Inc