Classification: Are you an employee, an independent contractor, a volunteer, or an intern? Does your organization classify appropriately? Rights and obligations vary greatly between the two – knowing the ins and outs can help protect you (and/or your organization) from trouble down the road. Much of the information on this page can be attributed to research and work done by our friends at Technical Tools of the Trade, and much of it is Minnesota specific.

SKIM IT: The Dos and Don’ts of Classification:

• DO your research! The links on this page will help you understand the difference between types of classifications and the consequences for mistaking them.
• DON’T assume that the status quo is correct or legal. There have been several cases of mis-classifications that have resulted in legal consequences for individuals and performing arts organizations in Minnesota.

TOOLS from PAHRTS

• Classification Scenario by Ashley Hanson and Pogi Sumangil: Scenarios based on survey comments from our community.
• Legal Classification by Chris Jozwiak & Cassie Navarro of Baillon Thome Jozwiak & Wanta LLP and Penelope Phillips. 

INDEPENDENT CONTRACTORS vs EMPLOYEES: WHICH AM I?

• Employee vs Independent Contractor: by Ashley R Thronson and Brittany B Skemp from Nichols Kaster Attorneys at Law, provided by Technical Tools of the Trade.
• Federal and Minnesota State Classification Tests: Series of questions to determine appropriate classification for employees and independent contractors by a variety of government agencies. Some Minnesota-specific.
• Sample Forms for Classification: A handy series of documents on classification and workers compensation compiled by and for Technical Tools of the Trade.
• 5 Things Your Small Arts Business Should Totally Know about the Law: A quick fact sheet to guide small arts businesses on the basics of law, compiled by and for Springboard for the Arts.

INTERNSHIPS

• Legal Fact Sheet from the US Department of Labor Wage & Hour Division: Includes the six required criteria for an internship to be clearly distinguished from any other type of employment.
• We Work Hard for No Money: Findings from an Independent Survey on Theatre Internships by Molly Marinik via HowlRound.

VOLUNTEERS

• Employee or Volunteer: What’s the Difference? by Melanie Lockwood Herman for Nonprofit Risk Management Center. Covers the legal definitions, allowable benefits, and best practices for volunteer engagement.