3rd SOB sponsors 3 Milsim Teams: MIKE Force, OpFor and Ranger Troop 4. These 3 Milsim Teams run a persistent, weekend milsim game at Fort Edwards.
Independent contractor versus employee: https://www.dir.ca.gov/dlse/faq_independentcontractor.htm
The ABC test starts with an assumption that all workers are employees, and provides the test that a hiring entity must satisfy to prove that the workers are independent contractors.
Under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity satisfies all three of the following conditions:
- The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;
- The worker performs work that is outside the usual course of the hiring entity’s business; and
- The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
1. The worker is free from the control and direction of the hiring entity in connection with the performance of the work…
- 3rd SOB contracts with Milsim players to work as a team to run milsim operations in the Mojave Desert.
- 3rd SOB does not manage the milsim operations, only the playing field
- each milsim team has their own strategy, team goals and tactics
- team members work on their own schedule as coordinated by their team leadership
- team members provide their own gear, transportation and uniforms
2. The worker performs work that is outside the usual course of the hiring entity’s business;
- 3rd SOB is a multi-media publishing and training company and retail store for our published products and vendor goods
- 3rd SOB produces fiction and nonfiction media and training materials
- 3rd SOB manages the fort (campground) and market village (retail stores)
- 3rd SOB provides free training in First Aid, Radio and outdoor skills at the fort and from portable patrol bases in the desert
- These operations exist completely independently from the weekly airsoft game and would continue even without the sponsored milsim teams
3. The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed
- 3rd SOB provides free business training and assistance to help milsim contractors develop their own independent training business
- 3rd SOB contractors serve as first aid, radio, orienteering and airsoft instructors as part of their own independent training business
- 3rd SOB contractors who get certified as BLS instructors have their own BLS training business
- 3rd SOB contractors use 3rd SOB catalogs and products but are not restricted to only those products
- 3rd SOB contractors may carry products from other vendors
- 3rd SOB contractors have the option, and business support, to function as LLC’s, Corporations or Sole Proprietor
What is the ‘Business-to-Business- Exception for the ABC Test?: https://www.dir.ca.gov/dlse/faq_independentcontractor.htm
If a worker is providing services pursuant to a bona fide business contracting relationship, the Borello test rather than the ABC test shall be used to determine whether the worker is an employee or an independent contractor if each of the requirements below are met:
- The “business service provider” (“service provider”), i.e., the worker, must be a sole proprietor, or a business entity formed as a partnership, limited liability company, limited liability partnership, or corporation.
- The service provider must be free from the control and direction of the hiring entity, i.e., the business for which the services are performed, regarding the performance of the work, both under the contract and in fact.
- The service provider must provide services directly to the hiring entity rather than to its customers. However, this requirement does not apply if the service provider’s employees are solely performing the services under the name of the service provider (not the hiring entity) and the service provider regularly contracts with other businesses.
- The contract with the service provider is in writing and specifies the payment amount, including any applicable rate of pay, for services to be performed, as well as the due date of payment for such services.
- If the work is performed in a jurisdiction that requires the service provider to have a business license or business tax registration, the service provider meets these requirements.
- The service provider maintains a business location, which may be the service provider’s residence, that is separate from the business or work location of the hiring entity.
- The service provider is customarily engaged in an independently established business of the same nature as that involved in the work performed.
- The service provider can contract with other businesses to provide the same or similar services and maintain a clientele without restrictions from the hiring entity.
- The service provider advertises and holds itself out to the public as available to provide the same or similar services.
- Consistent with the nature of the work, the service provider provides its own tools, vehicles, and equipment to perform the services, not including any proprietary materials that may be necessary to perform the services under the contract.
- The service provider can negotiate its own rates.
- Consistent with the nature of the work, the service provider can set its own hours and location of work.
- The service provider is not performing the type of work for which a license from the Contractors’ State License Board is required.