Is a school bus driver considered an employee or an independent contractor?
In Massachusetts, the answer to whether a school bus driver is considered an employee or an independent contractor depends on the framework of the individual contract. Generally speaking, an independent contractor is an individual who is hired to provide specific services to a company or entity. The company or entity does not control the independent contractor’s day-to-day activities, and the individual sets their own schedule and completes tasks in their own way. An employee, on the other hand, is an individual hired by a company or entity to fulfill certain duties for a specified period of time. The company or entity has control of the day-to-day activities and may dictate what tasks should be completed and when. In Massachusetts, if the school bus driver is hired as an independent contractor, then they are responsible for their own taxes, expenses, and any insurance policies that they choose to carry. Furthermore, the bus driver can negotiate the number of hours they work, the rate of pay, and any other requirements of the job. However, if the school bus driver is hired as an employee, then the school district is responsible for withholding taxes and providing benefits such as health insurance and retirement plans. The school bus driver’s hours are set by the district, and they are paid according to predetermined terms. Ultimately, the determination of employee vs. independent contractor status comes down to the individual contract between the bus driver and the school district. Therefore, it is important that the provisions of the contract are understood and agreed to before signing.
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