Is a school bus driver considered an employee or an independent contractor?
In Minnesota, a school bus driver is considered an employee of the school district or contractor providing transportation services. This is determined by whether the driver is paid a salary, receives benefits, or is otherwise given a measure of control over how their job is performed. When the driver is an employee, they are covered by the school district’s insurance coverage as well as the state’s workers’ compensation laws. When a school bus driver is an independent contractor, they are typically paid per job or mile driven and are not given many benefits or control over their job duties. The contractor providing the transportation services will usually carry its own insurance coverage that covers the school bus driver. However, if the school district is liable for the driver’s actions and/or the school district uses the contractor’s equipment, the school district may also have to provide liability insurance coverage for the driver. In the case of a school bus accident, the insurance coverage that applies will depend on who the driver is classified as, employee or independent contractor. It is important for the school district and contractor to ensure that the bus driver is properly classified and that the appropriate insurance coverage is in place.
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