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Rich,
Thanks for all you do for all of us in the tennis industry. I
want to comment on the article regarding the changing of tennis
pros to employee status. I couldn't disagree more about the article
and interpretation of the new law. Please see my comments below.
You are also given permission to share my comments with your
readers.
The gist of the article centers around these "new"
rules and regulations:
Under the bill's codified ABC test, a worker is an employee rather
than an independent contractor unless the hiring entity demonstrates
the following conditions:
1. (A) The person 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.
Think about it! Here at Palisades Tennis Club, we have four tennis
pros who conduct their own business at our facility. In our community
and elsewhere (and probably your facility) tennis teachers are
referred to as "He/she is a teacher AT
Palisades TC" (Not FOR PTC).
Personally, I could care less if any of the tennis pros are here
or not. ?We do not set their schedule, we do not tell them what
they can or cannot charge for their services (Incidentally, all
of the tennis pros who rent space from us to operate their business
each charge different fees). None of these tennis pros participate
in ANY CLUB FUNCTION AT MY BUSINESS. They do not participate
in the formation or organization of any activities, tournaments
or any other events. They rent the space to perform their business,
give a lesson and leave. Every single one of these individuals
is always asking for more court usage, which is rarely given
in that our priority is that of our members and their access
to court time. Most of the tennis pro clients are non-members
of my club.
The tennis pros at my facility do one thing: THEY PAY RENT TO THE
FACILITY.
2. (B) The person performs work that is outside the usual course
of the hiring entity's business.
Again, think about it! People who rent space from our facility
have ABSOLUTELY
NOTHING TO DO WITH OUR BUSINESS OR ITS OPERATION. Our facility and EVERY
tennis facility's ONLY business operation is providing ACCESS to our facilities to members who pay
a monthly fee for that privilege?-nothing more, nothing less!
We are not in the business of teaching tennis. We are in the
business of providing access to a facility to PLAY the sport,
use its other amenities such as cocktail lounge, restaurant,
Jacuzzi, etc. We are not in business to teach someone how to
play the game. That is done by people who are in THAT business, not our business.
3. (C) The person is customarily engaged in an independently
established trade, occupation or business of the same nature
as that involved in the work performed.
In a nutshell that is it. They have their business. I have my
business. They are two totally separate and different businesses.
Ken Stuart,
Owner
Palisades Tennis Club
Newport Beach,
California |
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