Employees and Independent Contractors
An example of employees and independent contractors all in one would be the musicians in the Lancaster Symphony Orchestra (LSO). In the article, it states that the Lancaster Symphony Orchestra puts on an average of four music concerts each season where the musicians sign an agreement that states they are independent contractors for the concerts and rehearsals they attend. Furthermore, no taxes will be withheld from the (LSO). Being independent contractors, they are allowed to work for other employers throughout the season if they offer a higher-paying gig.
It was later argued that the LSO musicians were in fact employees instead of independent contractors according to the article that says “In applying its 2011 analysis to the facts at hand, the board determined the LSO maintained substantial control over the musicians and the musicians had limited entrepreneurial opportunities. The board concluded the multifactor test weighed in favor of finding an employer-employee relationship between the musicians and the LSO, and reinstated the petition.” The courts found that though these situations normally lean toward the side of independent contractors, there were facts about this particular case they couldn’t ignore. In words of the article, “Musicians could not contract to fill multiple chairs, sell their chair with the LSO to another musician or hire someone else to fill their slot at a lower rate of pay. While musicians could decline concerts and rehearsals to take “a higher paying ‘gig’ with another symphony.”
