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Independent Contractor or Employee? The Eternal American Employment Question

Perks and drawbacks to be considered in the United States.

By Rod Heckelman

Still scratching your head about which way to go…Independent Contractor or Employee?  There are way too many variables to come to any set conclusion and you could end up going bald before you find an answer that you’re comfortable with.  Add to that the vacillating laws at both the state and federal levels concerning who can qualify for what, and it becomes both a very complex issue as well as a moving target.

It was only a few years back when it looked like all tennis pros would have to declare their working status or run the risk of jeopardizing their employment.  When this issue became a hot topic for a number of workers, including truckers and those providing independent taxi services, such as Uber or Lift, those organizations put up a fight for their rights to qualify as an I.C.  That resulted in some rethinking by the powers that were responsible for going into a stall in dealing with this issue.  The result was an ongoing debate for or against tennis pros being classified as an I.C. or an employee at tennis facilities.

As of today, it appears that the employment of most tennis pros is largely based on the facility that is hiring.  In our industry, there are many different entities that hire tennis pros. It could be a small private club, a large corporate operation, or maybe a public recreational facility. No matter who is hiring, what seems to be the constant that drives this decision is the degree of exposure to the owners or operators. But before reviewing that legal concern, let’s take a look at the issues that are at the source of these concerns.

Start with the new reality that we live in a greater and greater litigious environment. No matter what complications you may run into, it’s very likely that someone will solicit your need for a lawyer.  It may be due to some accident, financial conflict, or a complication with your employment, but a brief observation of how much legal firms are aggressively advertising for new clients and it is apparent that we are destined to see more litigation in the future. This new environment of resolving conflict through litigation may be the basis for so much attention being given to an employee’s status. As a result, there is a much higher level of scrutinizing the risk taken and the prevention to avoid what is often a hefty legal expense. The truth is, after one of these episodes there may be some winners or losers, but more likely, there will be a ripple effect that will permeate throughout the company and will almost always impact the staff.  

Taking a look at the pros and cons, the first obvious benefit of being an employee is having workers’ compensation. What if you get hit in the eye by a ball, or get tennis elbow…you’re covered to some degree by workers comp. Included in this arrangement is the likelihood of avoiding any legal entanglements and the expense that comes with those conflicts. There is also the possibility of getting better perks, such as retirement programs or health benefits. Be careful though, with these extra benefits often come serious complications and restrictions written into your contract. At the time you are being hired, you may not understand or be able to foresee the negative impact that your agreement may include. Most often this includes that ominous insert, “At-will employment,” as a criterion for termination.  It may also include restrictions on competitors' ability to continue working in that area. That clientele you built up, is gone immediately.   

For anyone able to secure the position as a tennis teaching pro working as an I.C. you will have the benefits of being more independent and freer to create your schedule and your programs. You also have more ways to address your taxes and expenses, something that you should look into with your accountant. In this review take into consideration where you work. These issues can change from state to state. You also may have the ability to work at multiple locations and, of course, your clients belong to you, not the tennis facility.

There are more perks and drawbacks to be considered, but again, those are largely based on the company you work for and the location you work.

If you’re a tennis pro and a member of a legitimate tennis association where you pay dues, it is likely that organization has procured an agreement with an insurance company to cover you as a tennis pro and any personal exposure. The issue here would be for those who work for a company as an employee, you may not need that coverage and should look into why you are paying that extra money as part of your yearly dues. There is always the complication that most litigation will most likely seek out the coverage with the deepest pockets.

Always remember this, someday your body, not your teaching skills will come to an end. Start on day one of your new job by thinking about how you can best position yourself for that time in your life. You may not absolutely know what your future will look like, but it doesn’t hurt to consider putting together some plans that you would like to achieve. Not much different than how you teach your students, as a quality pro, you most likely are helping them discover their potential future, add your personal employment situation to that thinking.

NGI - Innovation Spotlight 

From NGI Sports News

By Mike Burke, NGI Sports

As concrete or asphalt pads age the surface itself will begin to break down and cause cracking in the pavement. These splits can range from minor spider webs to large cracks that can cause tripping hazards due to the width and planarity of the edges. The yearly cost to maintain courts experiencing these usually leads to a search for a longer-term solution. 

Longer-term solutions can appear in the form of a minimal band-aid spot crack repair all the way up to investing in an overlay system to cover the entire surface. Typically, with the band-aid repair, there are no assurances of guarantees or long-term warranty.  

The most cost-effective choice, over the life cycle of the courts, is to invest in the long-term solution of an overlay system.

We recently completed a project at Alexander Central High School in North Carolina and this site was home to 20-year-old asphalt courts with widespread structural cracking. The overall planarity of the site was also concerning, but with significant crack filling and leveling, it was the perfect base for our ProBounce system. 

This ProBounce project was completed in August of 2024 by GeoSurfaces. Extensive prep was performed on the asphalt base prior to the installation of the ProBounce system. The school district's only other option to ProBounce was complete site demolition and reconstruction.  

The construction of the ProBounce system over the repaired asphalt base saved the county a considerable amount of its budget. Thus allowing Alexander County to use those funds to begin adapting the facility to become ADA-compliant by adding walkways, a new pavilion, and fencing.

For more information on these and all NGI Sports products visit www.ngisports.com