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

In New York, a school bus driver is generally considered an employee, not an independent contractor. This is because of the control the employer has over their actions. For example, the employer generally determines the hours and place of work, what job duties the driver is expected to perform, and how to complete those duties. Additionally, the employer must provide the driver with the necessary tools and supplies. Lastly, the employer pays the driver and withholds taxes from the wages earned. The distinction between an employee and an independent contractor is extremely important when it comes to school bus accident law in New York. An employee may be liable for the negligence of a driver, while an independent contractor would not be held liable. Thus, a school district would be subject to greater responsibility in the event of an accident if a bus driver is determined to be an employee. The courts look at several factors when determining whether a school bus driver is an employee or an independent contractor. These factors include the degree of control that the employer has over the worker, the type of compensation structure, and whether there is an employer-employee relationship. It is important to keep in mind that the courts may interpret these factors differently in each case, depending on the particular circumstances. In any case, it is important to keep in mind that an employee would be held to a higher degree of responsibility if a school bus accident occurred.

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