PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309) – Independent Contractors

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200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.06000 – Independent Contractors

Consultant counselors are employees despite personnel contracts with the employer describing them as "independent contractors." NLRA precedent is not persuasive. Section 3540.1(j) definition of "employee" does not contain language comparable to the federal exclusion of independent contractors. Consultant counselors possess the normal indicia of certificated employee status, including state- mandated credentials. They receive their assignments from and are supervised by school principals. In determining employee status under EERA, Board must rely primarily on statutory language, though will consider, in part, indicia of employment where they are appropriate; p. 15.