GDG- Gettysburg Guiding
Margaret D. Blough
mdblough1 at comcast.net
Sun Dec 30 13:51:24 CST 2007
I don't know on the insurance issue, although I'm sure that there has to be something that covers it. How and when people are paid, however, is not limited to employer-employee relationships. Various forms of 1099s are used when an entity has to report to the IRS taxable income other than wages that the entity pays to third parties. Perhaps Bob Lawrence can explain this better than I can.
Regards,
Margaret
-------------- Original message --------------
From: James Cameron <cameron2 at optonline.net>
> Esteemed GDG Member Contributes:
>
>
> << 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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