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Lifetime Arts

Advise on Distinction Between Contractors and Part-Time Employees

Summary:

Assist a nonprofit facilitating creative aging by advising on the distinction between contractors and part-time employees.

Jurisdiction(s): U.S. (NY based nonprofit)
About the Organization: Lifetime Arts is a nonprofit committed to the idea that learning and personal growth are possible at any age or stage of life. They believe that creative aging fosters new skills, increases social connection, and promotes health and wellness while also creating the conditions to undo ageism. To this end, Lifetime Arts catalyzes and connects the bold ideas, people, funding, and practical strategies necessary to embrace all older adults as creative and social learners.
Legal Entity Type: Nonprofit/Charity
SDG(s): Good Health and Well Being, Partnerships to achieve the Goals, Peace, Justice, and Strong Institutions, Quality Education, Reduced Inequalities
Legal Issue(s):

Lifetime Arts uses a team of around ten artists/trainers to teach courses. These individuals work on a temporary basis, as needs arise, and their work is not continuous. Some provide as little as one six-hour training every other month and most work multiple jobs. Initially, these individuals were all hired as 1099 contractors. However, the team at Lifetime Arts received guidance and were informed by the NY State Department of Labor that given the nature of the trainers’ work and relationship with Lifetime Arts, they should be considered part-time employees. Now, all individuals are on Lifetime Arts’ payroll system and classified as part-time employees. As a result, many rely on Lifetime Arts for unemployment requests between jobs. Lifetime Arts is seeking assistance from an attorney to review and confirm whether these individuals should be classified as contractors or part-time employees. Ultimately, they would appreciate guidance on major considerations they should take into account based upon the ultimate classification of these individuals.