A sad state of affairs . . .

[Tim C]

On June 18th the Oregon Department of Labor ruled that all sports officials in Oregon are employees of local associations.

In spite of the fact that each year each official signs an official form noting that he is an independent contractor and despite the fact that all officials receiving more than $600 receive a 1099 the ODL based their final judgment on the concept that umpires receive a "paycheck" of all game fees from a local group.

Oregon has already rules that Officials are independent contractors under workman's comp insurance programs. We do not pay in nor do we qualify for workman compensation claims if injured during a game.

The Oregon School Activities Association and the Oregon Athletic Officials Association have appealed the ruling and have asked to appear before an Administrative Law Judge for a second opinion of this ruling.

What does it mean if you are made to be an employee?

Well first 2.4% of your check will be withheld and applied to Unemployment taxes.

Worse than that the Oregon Department of Labor can, in retrospect, audit all sports associations in the state and bill for unpaid Unemployment Taxes (with penalty and interest) back an undetermined length of time.

Because the Oregon Legislator meets every other year NOTHING can be done through that body until 2011.

While this plays out the OSAA has stepped forward to pay all fees, fines and penalties for any current official that is caught in this dilemma.

While Maryland just based legislation to assure that officials will be considered independent contractors both Oregon and Washington appear to be headed the opposite direction.

Sad,