Re: [Iasa20] employees and contractors in 6635bis

> On Apr 30, 2019, at 9:03 PM, Joel M. Halpern <jmh@joelhalpern.com> wrote:
> 
> The ISOC, when I was on it, worked with the HR people at ISOC to make sure that we stayed well clear of accidentally turning the RSE into an employee.  While it introduced some complications, most of those were involved in understanding the rules.  Which are needed no matter what you do.

One aspect to note is that this is actually a different analysis in some ways for the LLC than it was for ISOC. One of the considerations involved in interpreting the IRS rules has to do with the extent to which services performed by the worker are seen as a key aspect of the regular business of the organization. ISOC has a much broader waterfront of “regular business” that it conducts compared to the IETF LLC, so arguing that the work performed by the RSE or certain individuals supporting the RPC could be harder for the LLC than it was for ISOC.

Alissa

> 
> Just for clarity, the reason for the care was that none of the RSE, ISOC, or the RSOC (or presumably the IAB whose policy direction the RSOC follows) wanted the RSE to be an employee.  Which is consistent with the wording in the RFC approved by the community.
> 
> Yours,
> Joel
> 
> On 4/30/19 8:11 PM, Eric Rescorla wrote:
> ....
>> Without taking a position on the nature of the RSE, I'm not sure
>> that you and John mean the same thing when you say "like an
>> employee". See, for instance:
>> https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation
>> Note that the questions here are not largely about how *we* think of
>> the role but rather about the structure of the work and of the relationship.
>> -Ekr
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