Adán García is a fourteen-year-old young man who is an excellent student and
student-athlete. Academically, Adán excels across the curriculum. And while he played
several sports throughout childhood, he is presently committed to his high school football
and cross-country teams. On his ninth-grade football team, he is the backup quarterback
(“QB2,” as they say in Texas). And – with his 5:04 time in the mile – he is already on his
high school’s varsity cross-country team.
This past summer, Adán wanted to make a little money. He learned of an opportunity
at the Prestonwood Sports Association in Dallas to be a referee for children’s basketball
games. See Appendix A for the solicitation. He applied for the position, was selected, paid
the requisite training fees, and completed the required trainings.
During the training, he was presented with a document called “Independent
Contractor Agreement / Consent to Background Check” (see Appendix B). He completed
and signed the form. He also completed and signed the U.S. Citizenship and Immigration
Services “Employment Eligibility Verification” (“I-9”) form.
Over the course of the summer, Adán worked as a referee for twenty-six children’s
basketball games. Each game lasted less than one hour. For each game, he was
compensated $13.00. His reviews from colleagues and coaches were good – on the high
end of expectations for a first-time referee. He was paid the full amount (26 * $13 = $338)
on a lawful and reasonable payment schedule. No withholdings were made from the total
paid.
At the end of the calendar year, Adán received a 1099-MISC form from Prestonwood
(see Appendix C).
Prompt for The Case of the Rookie Referee
In eight hundred words or fewer, provide a thorough legal analysis (preferably using the
suggested “IRAC” format) of the legal issues presented, which are probably:
• Whether Adán was an employee?
• Whether Adán was lawfully compensated for his work?
The post The Case of the Rookie Referee first appeared on COMPLIANT PAPERS.