Anybody hear whether this will force referees to become employees versus independent contractors? I see Uber and Lyft are going to be forced to do this and wondering if it could affect us refs.
If forced I guess I am not sure who I would be an employee of? The associations, the league, Arbiter?
Could we not be paid on field anymore because taxes have to be applied?
I believe so as a lot of clubs are already making this switch.Would this apply to coaches?
Lots of referee associations likely in violation of the law, with penalties that include significant attorney fees.Didn't the law start on the 1st?
With nothing added by the state legislature yet, what are the significant consequences?
Based on my corporate review of the law I think refs are ok. I choose my schedule and I choose which games I will or won’t accept. I pay dues to be a part of an association. Also, ref associations aren’t usually paying me. It’s usually the school or cash on the field. There is no office I need to report to or hold office hours.Lots of referee associations likely in violation of the law, with penalties that include significant attorney fees.
California law attempts to clarify what entitles someone to be considered an independent contractor. A worker must meet all three of California’s “ABC” test:
• A. that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact,
• B. that the worker performs work that is outside the usual course of the hiring entity's business,
• C. that the worker is customarily engaged in an independently established trade, occupation or business of the same nature as the work performed.
refs are considered contractorsI'm slow. What's your point?
"• B. that the worker performs work that is outside the usual course of the hiring entity's business,"refs are considered contractors
The ref association is not hiring the ref. The team, school, tournament, etc is. The association is simply a conduit to get to the referee. That's ultimately who is paying me. Sometimes through the Association, sometimes by the team on the field and sometimes directly (All of HS and college). With that said refereeing is outside of everyone of those entities natural course of business."• B. that the worker performs work that is outside the usual course of the hiring entity's business,"
What is the usual course of a ref association's business? Is reffing outside the usual course of a ref association's business? Without a specific exception to AB5, I would say that ref associations are at risk under the "B" of the ABC test. Not to mention that most ref associations actually assign games to the refs based on availability etc. in potential violation of "A." AB5 is stupid, but it is the law in CA.
Ok. My ref association rates referees and handles the scheduling by assigning refs to games they are qualified to ref. Tournaments and leagues work through the ref association and do not contact me directly. What is the natural course of a referee association's business if not to provide referees to soccer tournaments and leagues. Totally different if I ref a scrimmage between two teams that book me directly. When you get paid on the field, do you collect a fee for your association? I think people need to get a little fired up to fight AB5 instead of sticking their head in the sand and thinking it won't apply to them. AB5 is ridiculously broad. Talk to a labor/employment lawyer knowledgeable about AB5 when you get a chance.The ref association is not hiring the ref. The team, school, tournament, etc is. The association is simply a conduit to get to the referee. That's ultimately who is paying me. Sometimes through the Association, sometimes by the team on the field and sometimes directly (All of HS and college). With that said refereeing is outside of everyone of those entities natural course of business.