Independent Contractor Status

Rick Vietti · #1 (**permalink**) Fri May 31, 2002, 05:51pm

Does your local associations consider you an independent contractor?

Does your local schools or associations cover you for workmans compensation?

Where I live in Nevada the associations consider us independent contractors but the schools pay into a workmans comp fund as part of the agreement with the association. So if I get hurt doing a high school or MS game, I can get workmans comp coverage.

How do some of the other states handle the workmans comp issue and officials as independent contractors?

JRutledge · #2 (**permalink**) Fri May 31, 2002, 06:09pm

My state association seems to hold on to the independent contractor status of officials, they feel that recruiting has more to do with the official's associations then by the state association.

Also there was an official's association that got in IRS trouble because they were paying officials directly, instead of having the schools be responsible for that. So at least here and in Iowa, I know that they try to maintain officials as independent.

Peace

dblref · #3 (**permalink**) Sat Jun 01, 2002, 08:33pm

My association considers me to be an independent contractor. They do not pay into workmens comp, but we do have insurance that pays if we get hurt.

BigDave · #4 (**permalink**) Mon Jun 03, 2002, 02:52pm

In Arizona, we are independent contractors. Part of our annual dues to the AZ Interscholastic Assoc. (AIA) is for insurance.

Kelvin green · #5 (**permalink**) Mon Jun 03, 2002, 04:59pm

First I will add the disclaimer that this is not intended to be legal advice.

Nearly all basketball officials at the high school level by definition have to be independent contractors. You are not by law an employee. As officials get to the college level and the way some conferences have control etc, there could be a case they are employees of the conference but generally they are contractors too. That being said.

There are some strange things that occur with workers comp laws, in some states you can be an independent contractor for tax and UI purposes but still be some sort of employee for Worker's Comp issues.

I have not reserached the Utah provisions lately but when I ran an umpires group a few years ago, one of the cities made us follow the Worker's Comp rule to the letter of the law which made each umpire carry proof of worker's comp or an exemption "policy" which basically was a certificate that the umpire was a self employed individual. That exemption cost $50 per official (of course we passed on the cost to the city) No other school districts or agencies have ever required it, but would have a hard time getting out of a claim with out it or so we guess. I have not heard of any litigation or claims, so a court could go either way.
Trust me we officials arent going to bring it up because we are going to pay the $50 out of our pocket unless we get forced to....

Rick Vietti · #6 (**permalink**) Mon Jun 03, 2002, 05:13pm

The more I delve into this independent contractor vs employee status, the more I am confused.

It appears in Nevada from what I can figure is that for workmans comp requirements you are considered an employee even if you are an independent contractor. Our associations have us fill out an independent contractor contract with the association but the schools in turn pay into the workmans comp fund for officials. One of the future debates around here is the cost of this insurance and fee increases.

JRutledge · #7 (**permalink**) Mon Jun 03, 2002, 05:31pm

Quote:

Originally posted by Rick Vietti
The more I delve into this independent contractor vs employee status, the more I am confused.

It appears in Nevada from what I can figure is that for workmans comp requirements you are considered an employee even if you are an independent contractor. Our associations have us fill out an independent contractor contract with the association but the schools in turn pay into the workmans comp fund for officials. One of the future debates around here is the cost of this insurance and fee increases.

Independant Contrator status has more to do with the Federal Government and your tax situation and Workmans Comp is an insurance distiction which all states are different. I am not a lawyer and I really do not know how the exactly commingle with each other, but I am sure Nevada might have a different law that these things would not cancel each other out. But what else does Nevada have that the rest of the country does not?

Peace

Kelvin green · #8 (**permalink**) Mon Jun 03, 2002, 05:44pm

Rick

you definitely can be independent contractor and still be covered by worker's comp. Dont let it confuse you. Rut is right, alot of the independent contractor stuff is IRS rules.

A lot of companies would love to call employees contractors because they would not have to with hold, would not have to pay UI, if they dont withhold they dont pay the employer's share of FICA, etc.

Go with the flow, They may be using the worker's comp to cover and indemnify themselves. Worker's comp generally is "no fault", and sometimes if worker's comp pays it bars some litigation..... You may recover for injuries and time off work, but it may bar some negligence claims etc... I am not sure since I am not an attorney either..

If you have questions I'd find a Nevada attorney who can help explain.

moose69 · #9 (**permalink**) Wed Jun 05, 2002, 02:33pm

Glad I'm a Canuck.None of that IRS stuff here( For us Canadians, the CCRA). We don't get taxed, thankfully on our earnings. I believe for School stuff, we're agents of the board we're contracted by, therefore having coverage from the school boards, as well as our own insurance for the pronvincial association.

Tyler