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Klarinet Archive - Posting 000611.txt from 1997/09

From: Roger Garrett <>
Subj: Re: Prof. Musician: Employee or Contract Labor
Date: Fri, 12 Sep 1997 02:30:45 -0400

Thanks Jacqueline for a very thoughtful response to a sensitive issue.
Keeping a cool head and trying to follow channels is always a good way to
keep from hurting people who might get nailed accidentally.

Roger Garrett

On Thu, 11 Sep 1997, Jacqueline Eastwood wrote:

> On Wed, 10 Sep 1997, Jonathan Cohler wrote:
> > 4. Furthermore, if they determine that you are representative of a
> > class of workers (like other players in the orchestra), they will
> > take the action on behalf of everyone.
> >
> > I learned this all at a seminar I took from the IRS for small business owners.

> As the Accounting Specialist for the School of Music here, I have to chip
> in my two cents' (actually, it's more than that!!). The U of A
> administration is *petrified* that the IRS will audit them, so this fiscal
> year, we began enforcing these same rules that Jonathan outlined above.
> This has turned into an absolute nightmare for the "financial people" at
> the departmental level.
> Basically, the "independent contractor" designation has been eliminated.
> If an implied employer-employee relationship exists, the person in
> question must be hired. If the person is using University-provided
> facilities, supplies, and equipment, if they have a "supervisor" who sets
> their hours, if they do not have other "customers", etc. etc., that is
> defined as an employee. As Jonathan said, there is a questionnaire
> available from the IRS for classification purposes.
> The big threat to us at the departmental level is that we are PERSONALLY
> liable for any classification errors and resulting fines or back taxes
> owed by the employer. Therefore, we are being EXTREMELY careful in our
> judgement!
> Peons everywhere (like myself) would appreciate a little caution before
> reporting past errors to the IRS; the people who actually prepare and
> sign off on the paperwork are not the ones you want to hurt, but it CAN
> happen. Make every effort to change your status now, though, because the
> IRS is indeed trying to crack down in this area.
> Just a few words from a bean-counter....who doesn't get paid well enough
> to be able to afford triple damages....
> Jacqueline Eastwood
> University of Arizona/Arizona Opera Orchestra

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