Independent Contractor

[DeRef]

Do you know of any associations which require an umpire to sign an "Independent Contractor Contract" prior to officiating? Any pros or cons??

[ASA/NYSSOBLUE]

In our area, we don't sign a contract...BUT our submitting our availablility as a qualified, registered member of our group, then accepting the assignments from the schools organization that assigns our games, is what is called a 'de facto' contract. This organization has our SS#s, and we get a 1099 at the end of the year.

This schools group does a pretty good job - we never want for games, they do not charge a booking fee, and we just sign a voucher at the end of every month, and get paid in 10 days...

[NCASAUmp]

Around here, that's what we do. I think it reinforces the concept (primarily to the new guys) that we are making commitments to be at certain places by certain times, and failure to honor said commitments will result in consequences.

[Welpe]

I do this in my football association but not my softball one.

[wadeintothem]

If they are making you sign it.. the pros and cons are easy
Pro - sign it you get to work
Con - dont sign it you dont work

If you want to work, just sign whatever and go to work. Just like these lame ASA back ground check.. yes they are lame, yes they are dog and pony show.. but sign the paper and get it over with. No big deal.

[mv7267]

We do in Ohio in every sport. The contracts specifically state that we are Independent Contractors and not employees of either OHSAA member schools involved. It releases the schools of any tax or worker's comp obligations.

[DeRef]

These contacts were one of the topics for discussion at the ASA UIC Clinic last week. While there, I heard the story of an officials group that is filing bankruptcy due to a worksmans comp claim that has been appealed and upheld by the state. I tend to agree that a simple contract would set the terms of employment (or should I say non-employment ) to protect us down the road. My fear is that by having everyone sign an agreement, we may be opening ourselves up to something else down the road. Ten lawyers will read this contract and come up with ten different rulings. Hmm....that sound a lot like our rule book.

[IRISHMAFIA]

Originally Posted by mv7267

We do in Ohio in every sport. The contracts specifically state that we are Independent Contractors and not employees of either OHSAA member schools involved. It releases the schools of any tax or worker's comp obligations.

No, it doesn't. There is no such animal as a ironclad waiver. A contract or waiver releases no one individual, group, association, company, etc. until a judge (and maybe jury") finds that it does.

I like the idea of acknowledgement of being an independent contractor. What I don't like is that signing a contract creates an agreement and like DeRef noted, the level and direction of the commitment all depends on who is reading the document.

[SethPDX]

Originally Posted by DeRef

While there, I heard the story of an officials group that is filing bankruptcy due to a worksmans comp claim that has been appealed and upheld by the state.

According to our commissioner, there was a HS official in some sport somewhere in our state who tried just this not long ago. Don't know the outcome, if any. We had to sign an agreement last year, but have not had to this year. Each year in the first meeting we are told clearly that we are independent contractors.

[Az.Ump]

Originally Posted by mv7267

We do in Ohio in every sport. The contracts specifically state that we are Independent Contractors and not employees of either OHSAA member schools involved. It releases the schools of any tax or worker's comp obligations.

Written Contracts

Although a contract may state that the worker is an employee or an independent contractor, this is not sufficient to determine the worker’s status. The IRS is not required to follow a contract stating that the worker is an independent contractor, responsible for paying his or her own self employment tax. How the parties work together determines whether the worker is an employee or an independent contractor.

Paul

[IRISHMAFIA]

Originally Posted by Az.Ump

Written Contracts

Although a contract may state that the worker is an employee or an independent contractor, this is not sufficient to determine the worker’s status. The IRS is not required to follow a contract stating that the worker is an independent contractor, responsible for paying his or her own self employment tax. How the parties work together determines whether the worker is an employee or an independent contractor.

Paul

Yep. In my opinion, this is just another fell good, we are doing all we can type of thing that shouldn't need to be done to start.

And I think the IRS is the least of the concerns here. I would worry more about workmen's comp and unemployment ramifications depending upon in which state you are located.