Is a school bus driver considered an employee or an independent contractor?

In New Hampshire, the status of a school bus driver is determined by the level of control the school district has over the driver. When the school district retains the authority to control the means and manner of how the driver carries out the services, the driver is an employee. Nevertheless, if the driver works under his or her own control and is responsible for making decisions and providing the necessary supplies to fulfill the job, the driver would be considered an independent contractor. To determine whether a school bus driver is an employee or an independent contractor in New Hampshire, the school district must consider the degree of control it has over the driver. If the school district controls the driver’s working hours, rate of pay, and other aspects of the job, the driver would be considered an employee. On the other hand, a driver who is allowed to choose his or her own rate of pay, hours, and even select his or her own route would likely be considered an independent contractor. School bus accident law in New Hampshire is complicated. It is best for school districts to understand the distinctions between an employee and an independent contractor in order to better protect themselves in the event of a school bus accident. Having a clear understanding of the classification of the school bus driver will help the school district protect their assets as well as ensure the safety of their students.

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