GDG- Gettysburg Guiding
James Cameron
cameron2 at optonline.net
Sun Dec 30 11:56:57 CST 2007
<< 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 only offered the payroll records as an analogy, by way of saying that it
doesn't seem to me the record keeping need be all that much of a problem
purely in terms of the technicalities. But depending on exactly how the
tours are booked, unless the Guides completely control the process, there
might well have to be some kind of pass-through arrangement in place.
I'm no expert on the lagalities, but it seems to me the Guides function as
licensees of the NPS, but as IC's as regards their individual customers.
I wonder if, back over the years the Guides have been in existence, there
has ever been a situation such as an accident with injuries to a customer
resulting in litigation, where the exact status of the Guides became an
issue insofar as a determination of liability was concerned. In other
words, is there any specific case law on the matter? Margaret??
Jim Cameron
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