contract law question/1099 contractor

[Bigdawg]

I officiate sports. Baseball and volleyball. I am an independent contractor working for mutiple organizations. Each organization issues a 1099 for the tax year. I get to deduct the usual expenses-mileage, uniforms, etc... One organization covers mutiple states. In one state, they work a three person crew (baseball) for the post season. They only (supposedly) charge the schools for a two person crew. To cover this gap the don't pay the umpires for scrimmages. For example I am scheduled for three unpaid scrimmages and aprox 25 paid games. The organization does charge the schools for the scrimmages. I actually work in a neighboring state that does charge the schools for all three umpires during the playoffs. Essentially I am working scrimmages and someone else is getting that money for a playoff game later in a different state. One of my umpire friends is checking with a few lawyer friends he has. I guess this is a contract law question. Is this legal? Lots of upheaval in sports officiating these days because of covid and other reasons. Thoughts anyone? Thanks

 

[pb4uski]

First thought is that you have too much time on your hands.

Second is that as long as they pay you what they initially agreed to pay you for a defined scope of work that you accepted, then both you and they have fulfilled your contract to each other.

 

[cathy63]

Not a lawyer, but I don't think this is a contract violation. You agreed to certain work conditions and they are being met. There's no minimum wage requirement for contractors.

There might be some edge case in labor law though. I know that employers have to be careful not to accept volunteer labor for a job that is otherwise paid. I'm fuzzy on how that applies to non-profits (and I don't know whether the groups you're contracting with are non-profits), but that might be something for your umpire friend to ask his lawyer friends.

 

[ExFlyBoy5]

I officiate sports. Baseball and volleyball. I am an independent contractor working for mutiple organizations. Each organization issues a 1099 for the tax year. I get to deduct the usual expenses-mileage, uniforms, etc... One organization covers mutiple states. In one state, they work a three person crew (baseball) for the post season. They only (supposedly) charge the schools for a two person crew. To cover this gap the don't pay the umpires for scrimmages. For example I am scheduled for three unpaid scrimmages and aprox 25 paid games. The organization does charge the schools for the scrimmages. I actually work in a neighboring state that does charge the schools for all three umpires during the playoffs. Essentially I am working scrimmages and someone else is getting that money for a playoff game later in a different state. One of my umpire friends is checking with a few lawyer friends he has. I guess this is a contract law question. Is this legal? Lots of upheaval in sports officiating these days because of covid and other reasons. Thoughts anyone? Thanks

It might be too early, but I can't really parse out your question/issue. Contractor vs employee law varies between states so your issue may be legal in one state but not in another. Besides, if your friend is checking with a "few lawyer friends" perhaps he will share what he learns?

 

[OldShooter]

... as long as they pay you what they initially agreed to pay you for a defined scope of work that you accepted, then both you and they have fulfilled your contract to each other.

This. If you have changed your mind on the deal, resign.

 

[CRLLS]

IANAL, I wouldn't worry about how the organization gets paid. It is irrelevant to your personal situation. Evidently the school does not hire you directly. How does your contract read? Does it read that you are required to ref for no money? Possibly you get paid x dollars for an entire season with all the schedules not spelled out in the contract? Again, read your contract. They must hod to their obligations as spelled out in that contract and you must hold to your's. Whether an item is "legal" or not is up to the courts to decide. Are you really willing to go that far?

 

[Sunset]

First thought is that you have too much time on your hands.

Second is that as long as they pay you what they initially agreed to pay you for a defined scope of work that you accepted, then both you and they have fulfilled your contract to each other.

Nicely said.

 

[Philliefan33]

It may not be legal, but if you raise a stink you should be prepared to lose your schedule (or at the very least be assigned the most undesirable games).

If you are officiating HS sports to pay the bills, I recommend you find an easier way to make money. If you are doing it because you enjoy it, don’t sweat the three free scrimmages. It’s preseason stuff that helps get you back in the groove.

Back in the ‘90s I reffed HS basketball. One summer I PAID money to go to a referee camp to learn / be evaluated by reps for leagues I was attempting to work for. We would ref the evening games at a boys camp; a win for the guy running the camp (he didn’t have to pay refs); a win for the guy running the referee camp (we paid him). Only a “win” for us if we learned something or got hired by one of the leagues.

 

[Texas Proud]

A few questions come up...


But I think here in Texas you do individual games, you pick and choose from what I hear... but since this is hearsay who knows if it is correct...


On you question.... did you sign anything If so then you have a written copy of the agreement and you can read it..


Are you guaranteed 25 games? Are you guaranteed playoff games? What happens if you refuse to do scrimmages?


The answer will bring out more info so us non-lawyers can guess what we think...

 

[Bigdawg]

It may not be legal, but if you raise a stink you should be prepared to lose your schedule (or at the very least be assigned the most undesirable games).

If you are officiating HS sports to pay the bills, I recommend you find an easier way to make money. If you are doing it because you enjoy it, don’t sweat the three free scrimmages. It’s preseason stuff that helps get you back in the groove.

Back in the ‘90s I reffed HS basketball. One summer I PAID money to go to a referee camp to learn / be evaluated by reps for leagues I was attempting to work for. We would ref the evening games at a boys camp; a win for the guy running the camp (he didn’t have to pay refs); a win for the guy running the referee camp (we paid him). Only a “win” for us if we learned something or got hired by one of the leagues.

Not officiating sports to pay the bills. Frustrated that officiating organizations are losing large %'s of their officials and not doing anything about it. My prime baseball group has gone from 80+ (pre covid) to less than 20 today. The group that is expecting us to work scrimmages for free has lost over 1/3rd of it's members.

A bit more information: In the past they would assign up to 5 umpires for a scrimmage. Umpire A might work the first 2 innings behind the plate then come back and work innings 6 and 7 in the field. This would be a great warm up for the season and also work in some younger/newer umpires into the mix. That model doesn't work today. We are so short handed. Today I worked a JV scrimmage followed by a Varsity scrimmage. Both games by myself. I will get paid 1.5X game fee for working solo so 3 games pay. The only scrimmages that I will not get paid for are ones where there are 3 or more umpires. With the current roster of umpires, that will most likely not happen.

We don't actually have contracts with these organizations. The organizations do have contracts with the school districts.

Me and my good (mutiple state championships worked) partners have been and continue to warn coaches, athletic directors, league officials, etc... that they are burning us out. No action is being taken. I love to officiate but not at the expense of my health and most of my free time. Had a 13 game in 12 day stretch last summer with only one game starting temp in the 80's. All others in the 90's. All of my hobbies, interests, etc... are fun in MODERATION.

Sorry for the rant. Thanks for reading.

 

[eytonxav]

Sounds to me more a question to the IRS vs a contract law one or at least an ethics question to the entities issuing the 1099s.

 

[pacergal]

I don't have any answer to the contract question, but my thoughts are when a "fun" retirement job becomes not fun, time to stop.