Employee or Independent Contractor? Depends On Who Has Control

In reviewing whether an employment relationship exists, the real issue for the courts is control.

Since an employer is only vicariously liable for the actions of his or her employees, one method by which athletics administrators have tried to reduce or transfer their legal exposure is through the use of independent contractors to perform duties traditionally performed by employees. The success or failure of such a gambit - and it is often successful, in a legal sense - typically hinges on who is deemed to exert control over the independent contractor in question. The issue is particularly acute with regard to sports officials: If a sports official is deemed an employee of an organization, the organization may be held liable for any injuries that result from the official's failure to intervene in dangerous on-field incidents or stop certain behaviors on the part of athletics participants.

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