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Old Tue Jul 30, 2019, 10:08am
LRZ LRZ is offline
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Join Date: Mar 2014
Location: SE PA
Posts: 768
Just to clarify: the initial "case" was not a law suit, but a complaint filed with the NLRB. After the NLRB ruled in the officials' favor, finding them (us) employees, not independent contractors, PIAA appealed that decision to the US Court of Appeals for the DC Circuit, which hears administrative agency appeals. That court decided, 3-0, we are not employees but independent contractors.*

After the NLRB decision, there was a parallel class action law suit filed by several officials, claiming PIAA was in violation of the Fair Labor Standards Act for not paying minimum wage. That was recently settled for a $260,000 award to the plaintiffs. I assume the plaintiff lawyers will get their cut, then the remainder will be divided among the officials who opted in to the class action.

Regardless of the merits of the two legal actions, regardless of who pays how much in taxes, and regardless of the value of PIAA membership, there remains the propriety of PIAA's timing, announcing the end of our insurance with little time for officials to scout out meaningful alternatives.

*Like issues in sports, where the rules don't specifically apply to novel situations, the traditional test for employee status does not really address the conditions under which we work in PA. We must be PIAA-certified to work school games, we're assigned by assigners who contract with leagues to provide officials, we're paid by the individual schools, all of which is governed by PIAA rules. PIAA also controls the rules, mechanics and even our uniforms--that is, the terms and conditions of employment. (Think of it this way: a labor union--say, carpenters--decrees that all union carpenters must wear blue pants, red shirts with the union logo, and black shoes. Appropriate?) The original argument before the NLRB was novel and unusual, not frivolous.

Last edited by LRZ; Tue Jul 30, 2019 at 10:18am.
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