First of all, IANAL. However, I am somewhat familiar with both Federal and my state's (Oregon) law regarding determination of independent contractor vs. employee status. I don't think that's exactly what you meant in your post. I think you wanted to know if an entity (for instance an association) has the right and/or authority to prevent you from taking certain assignments. Frankly, I would think that would depend on your agreement with that association. If you have a conflict, see an attorney.
As to the legal definition of independent contractor, that is another matter. There are Federal guidelines the IRS uses and each state has it's own guidelines and statutes. Your local IRS office can give you a pamphlet listing the Federal guidelines.
Here in Oregon, there currently is a bill in the legislature, HB 3986, that would add sports officials who work on an assignment by assignment basis to the list of professions that are automatically deemed independent contractors for tax and workers' comp purposes. The bill was introduced by State Representative Al King of Springfield who is a soccer official. Last session, Representative King introduced and got passed our Referee Assault Protection statute. Although the new bill would not affect me personally (I am a corporation), I support it.
|