Many businesses are looking at bypassing some of the challenges created by the Department of Labor’s (DOL) Overtime Rule by moving to the use of Independent Contractors. Some of these but are not limited to, golf professionals and assistants, tennis professionals and assistants, and even some maintenance positions.
The most important question an owner or operator must ask when considering this options is, “will this person work for my business or simply provide a service?” This sounds like an easy question to answer, but the DOL and IRS have added a new litmus test for these positions. It’s called the “economic realities test”.This article provides golf course owners with guidance to assist them in determining if a position is properly categorized as an independent contractor.