Is a school bus driver considered an employee or an independent contractor?
In California, the legal answer to the question of whether a school bus driver is an employee or an independent contractor depends on several factors. Generally, state law considers a school bus driver to be an employee if they are supervised, paid wages, and operate a school bus as part of an employer’s business. On the other hand, a school bus driver who operates his or her own business, under their own authority, and is paid a fee, rather than wages, would be considered an independent contractor. When a school bus driver is an employee, the employer is liable for various employment-related legal issues, including workers’ compensation insurance, and potential negligent driving. If a school bus driver is an independent contractor, the employer may still be liable for certain aspects of the school bus accident, such as failure to carry adequate insurance, or failure to provide appropriate oversight. In addition, in California, the applicable laws that deal with school bus accident law also consider the two parties’ conduct. This means that if both the driver and the employers had a responsibility in an accident, the parties may end up sharing liability. Ultimately, the classification of a school bus driver as an employee or an independent contractor in California depends on both the school district and the individual’s circumstances.
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