GDG- Gettysburg Guiding

[J. David Petruzzi]

Hi Jim,

Hope you had a great Christmas!

The below, however, is the crux of the matter concerning independent
contractors and/or licensees.  If the Guides are not employees (which they
aren't) then withholding funds and issuing paychecks begins to be a problem
concerning IC law.  The holding of funds is one of the tests of IC law.  The
more "control" an entity exercises, the more IC status begins to be
stretched.

I'm not saying one or the other is bad - just that guidelines must be
followed.  As I allude to on my blog post on this matter, I'm pretty
protective of IC and licensee status (as are others in my position) because
if the entity wants to begin controlling me, then they better be willing to
start paying for everything... insurance, pension, all expenses, payroll
tax, social security, etc.  If it looks like an employee, then it is an
employee - and according to the law must be benefitted like an employee.

J.D.


J. David Petruzzi
My blog: http://petruzzi.wordpress.com
My book: http://www.stuartsride.com


>>As to the Park holding money for completed tours too long, I
certainly wouldn't appreciate that if I was the one out of pocket, but OTOH
I don't see that as being all that different, fundamentally, from any
employer managing its payroll, keeping records of who worked how many hours
in a given week, and issuing regular paychecks.

Jim Cameron>>