Louisiana Officials

[RefAHallic]

Originally Posted by JRutledge

I also would like to know why does the state have the legal right to set the price for the entire state? That seems to me to be one of the biggest issues here.

Peace

Basically because it says so in their handbook. That's why being able to sign contracts with the schools is important. It make us trully independent contractors. The LHSAA also uses the handbook to say they can only consider raises at their annual January meeting. Get to the January meet then raises are soundly rejected. So, Officials have to hope and wait whole year to get it before LHSAA again. A walk out of some type has been the only tactic to motivate the LHSAA to approve raises. It's the only card to play with the way things are set up.

[Altor]

Originally Posted by RefAHallic

That's why being able to sign contracts with the schools is important. It make us trully independent contractors.

I don't know about that. Even that sounds like a collective bargaining agreement to me.

An independent contractor should be able to negotiate his/her own fee schedule with each customer.

[Rich]

Originally Posted by Altor

I don't know about that. Even that sounds like a collective bargaining agreement to me.

An independent contractor should be able to negotiate his/her own fee schedule with each customer.

In theory, sure. In practice, I can tell you what my conference pays and schools in the conference agree to pay that amount and not more, except for some very special exceptions. So either you take the $60 or you leave it (for example).

[scrounge]

Originally Posted by RefAHallic

Basically because it says so in their handbook. That's why being able to sign contracts with the schools is important. It make us trully independent contractors. The LHSAA also uses the handbook to say they can only consider raises at their annual January meeting. Get to the January meet then raises are soundly rejected. So, Officials have to hope and wait whole year to get it before LHSAA again. A walk out of some type has been the only tactic to motivate the LHSAA to approve raises. It's the only card to play with the way things are set up.

You can put whatever you want in a handbook, it doesn't necessarily make it legal. I'm not a lawyer and am not trying to pass this off as anything other than lay opinion informed by a few minutes of googling, but this sounds like collective bargaining, not contract negotiations. This seems to fail multiple parts of the IRS guidelines for testing independent contractor status. Now who's going to challenge it, especially in light of a potential settlement? Who knows. But seems like LHSAA is in grave danger of being found to be an employer and there's a LOT of back pay, workers' comp, etc at risk.

[JRutledge]

A lot of independent contractor laws are state laws and classifications too. I know that this would put this organization in big jeopardy if they were in my state. We had an organization that got popped for paying officials directly and not paying the proper taxes and benefits. I am also wondering about some level of price fixing as well considering that these are fees for the entire state. At least in my area a conference sets the fees and each conference can pay the same fee, but not every school in the state will pay the same for sure. I see a lot of problems with this arrangement and it will take the right person or group to go to court to possibly fight this out on some level.

Peace