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Discussion Starter #1
The IRS uses a 20-point test to establish whether or not a company has the right to designate their employees as independent contractors....

This is the test used.....
1. Profit or loss. Can the worker make a profit or suffer a loss as a result of the work, aside from the money earned from the project? (This should involve real economic risk-not just the risk of not getting paid.)
2. Investment. Does the worker have an investment in the equipment and facilities used to do the work? (The greater the investment, the more likely independent contractor status.)
3. Works for more than one firm. Does the person work for more than one company at a time? (This tends to indicate independent contractor status, but isn’t conclusive since employees can also work for more than one
employer.)
4. Services offered to the general public. Does the worker offer services to the general public?
5. Instructions. Do you have the right to give the worker instructions about when, where, and how to work? (This shows control over the worker.)
6. Training. Do you train the worker to do the job in a particular way? (Independent contractors are already
trained.)
7. Integration. Are the worker’s services so important to your business that they have become a necessary part of the business? (This may show that the worker is subject to your control.)
8. Services rendered personally. Must the worker provide the services personally, as opposed to delegating tasks to someone else? (This indicates that you are interested in the methods employed, and not just the results.)
9. Hiring assistants. Do you hire, supervise, and pay the worker’s assistants? (Independent contractors hire and pay their own staff.)
10. Continuing relationship. Is there an ongoing relationship between the worker and yourself? (A relationship can be considered ongoing if services are performed frequently, but irregularly.)
11. Work hours. Do you set the worker’s hours? (Independent contractors are masters of their own time.)
12. Full-time work. Must the worker spend all of his or her time on your job? (Independent contractors choose when and where they will work.)
13. Work done on premises. Must the individual work on your premises, or do you control the route or location where the work must be performed? (Answering no doesn’t by itself mean independent contractor status.)
14. Sequence. Do you have the right to determine the order in which services are performed? (This shows control over the worker)
15. Reports. Must the worker give you reports accounting for his or her actions? (This may show lack of independence)
16. Pay Schedules. Do you pay the worker by hour, week, or month? (Independent contractors are generally paid by the job or commission, although by industry practice, some are paid by the hour.)
17. Expenses. Do you pay the worker’s business or travel costs? (This tends to show control.)
18. Tools and materials. Do you provide the worker with equipment, tools, or materials? (Independent contractors generally supply the materials for the job and use their own tools and equipment.)
19. Right to fire. Can you fire the worker? (An independent contractor can’t be fired without subjecting you to the risk of breach of contract lawsuit.)
20. Worker’s right to quit. Can the worker quit at any time, without incurring liability? (An independent contractor has a legal obligation to complete the contract.)


According to the IRS and several other sources, WWE's claims that their wrestlers are independent contractors fails 16 out of 20 of these

A few of the failed ones are
1; The right to fire; WWE reserves the right to fire any wrestler, and release them from their contract at will, regardless of what their contract says. If they were truly independent contractors, this wouldn't be allowed.

2; WWE wrestlers typically can just walk out and refuse to perform without any issues. Stone Cold did it. Undertaker did it. CM Punk did it. None of them faced any breach of contract suits or other issues. if they were in fact independent contractors then they have the legal obligation to finish the contract unless a mutual agreement to void the contract was made.

3; WWE tells wrestlers when, where, and how to work.

4; WWE wrestlers lack the right to subcontract; An independent contractor has the right to subcontract work to other companies or workers. WWE doesn't allow them. For example, a wrestler should have the right to bring in their own tag team partner from outside of WWE and pay them to perform with them. The Hardys could subcontract with Shane Helms or Shannon Moore, for example.

5; Training; The fact that WWE trains their own wrestlers and doesn't simply sign wrestlers who already have training tends to point towards them being employees. The definition of a independent contractor is a trained professional brought contracted by a company to do a specific job, and be paid speciffically for that job without being officially hired. The people being trained in the Performance Center are typically not involved in wrestling until they get to the WWE.
 

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This pretty much just provides a legal basis for what a lot of us have already known for a long time. WWE wrestlers are clearly employees and not independent contractors.

The question is: How is it no one has successfully done anything about it yet?

It seems like such an open shut case that it's frankly amazing WWE can continue to pick and choose what employment practices they use to suit them best.
 

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When AJ appeared on an indy promotion's anniversary 2-3 months ago, I guess Jericho said that "WWE Superstars are the independent Contractors". But they're not. And I couldn't care less about that.
 

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Blackballing....

WWE is/was the be all of mainstream wrestling in both BOOM periods and the only game in town when the business is/was in a lull.
True.

But you'd think now that their are other ways to make a solid living as a professional wrestler whether it's New Japan, or ROH, or just touring the indys, or even guys that are basically retired at this point but worked for WWE in the past with no need/desire/or likelihood of returning to WWE there would have been at least a couple lawsuits or actions taken to do something about WWEs employment practices.

Aside from a handful of guys getting their no compete clause thrown out there's been pretty much nothing.

But then I guess lawyers and lawsuits are expensive especially when going up against WWEs army of attorneys on retainer. It's also not as if wrestlers can expect help from the government seeing how the chairman's wife is part of the current administration.
 

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Discussion Starter #8
WWE always has a few snitches in the lockerroom. It was Hogan in the 80's. Ventura tried to get a petition started to get the IRS to look at WWE's treatment of wrestlers, and he tried to get a class action lawsuit started against the company for backpay and cost of benefits that WWE should have been given. He got snitched out by Hogan.

Now days it's Cena (it was Taker 15 years ago) He has his head even further up Vince's ass than Hogan did.

It's the midcard that are hurt the most, especially the women's division. The top performers in the Women's division barely make $90,000 a year, if that. They have to pay their own travel, accomodations, food, etc....plus their home expenses. While the top male performers get all their needs met. Cena pays no travel. He doesn't pay for hotels.....He doesn't pay for food ....He pays nothing on the road it's all covered by WWE. He has no reason to care about others wrestlers, just like Hogan in the 80's.
 

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WWE always has a few snitches in the lockerroom. It was Hogan in the 80's. Ventura tried to get a petition started to get the IRS to look at WWE's treatment of wrestlers, and he tried to get a class action lawsuit started against the company for backpay and cost of benefits that WWE should have been given. He got snitched out by Hogan.

Now days it's Cena (it was Taker 15 years ago) He has his head even further up Vince's ass than Hogan did.

It's the midcard that are hurt the most, especially the women's division. The top performers in the Women's division barely make $90,000 a year, if that. They have to pay their own travel, accomodations, food, etc....plus their home expenses. While the top male performers get all their needs met. Cena pays no travel. He doesn't pay for hotels.....He doesn't pay for food ....He pays nothing on the road it's all covered by WWE. He has no reason to care about others wrestlers, just like Hogan in the 80's.
On top of that Stephanie and Shane McMahon as in ring talent make more than 90% of the wrestlers.
 

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This pretty much just provides a legal basis for what a lot of us have already known for a long time. WWE wrestlers are clearly employees and not independent contractors.

The question is: How is it no one has successfully done anything about it yet?

It seems like such an open shut case that it's frankly amazing WWE can continue to pick and choose what employment practices they use to suit them best.
Cause nobody is willing to take them to court over this or willing to organize a union. It´s all about the leverage WWE has. If you burn the WWE bridge, you are basically saying I´m ready to walk away from the industry. So you´d have to be a real do-gooder to sacrifice your own career for the (if succcessful) potential well-being of others.

If you are willing to walk away from WWE (and burn your bridges), you can imho do so without any repercussions, because WWE will never ever go to court over a contract status or a no compete clause. All the additional costs from employee status. That is a monumental factor. Not even The Rock on his best day is worth that much money.

Did they sue Rick Rude or Lex Luger, when they showed up on Nitro? Did they do anything, when ADR just walked out. Sure they threatened him a little with: Don´t compete or else!
 

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True.

But you'd think now that their are other ways to make a solid living as a professional wrestler whether it's New Japan, or ROH, or just touring the indys, or even guys that are basically retired at this point but worked for WWE in the past with no need/desire/or likelihood of returning to WWE there would have been at least a couple lawsuits or actions taken to do something about WWEs employment practices.

Aside from a handful of guys getting their no compete clause thrown out there's been pretty much nothing.

But then I guess lawyers and lawsuits are expensive especially when going up against WWEs army of attorneys on retainer. It's also not as if wrestlers can expect help from the government seeing how the chairman's wife is part of the current administration.
Well the ability to make money outside of WWE, I mean more than just a decent living, is just starting so due to being new it might take a bit for someone to challenge the establishment.

As far as vets no longer with them it's possible they planned on doing something and WWE settled with them.
 

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Did they sue Rick Rude or Lex Luger, when they showed up on Nitro? Did they do anything, when ADR just walked out. Sure they threatened him a little with: Don´t compete or else!
Rick Rude was working for WWF without a contract in 97, so he was free to go wherever he wanted
They didn't have the no compete clause until after Luger showing up on Nitro (that was the reason why they created it)
As for ADR, they made a deal to let him out of the no compete clause early under the condition he would stop speaking negative of the company publicly
 

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This has always been pretty obvious.

When your employer has the right to keep you from working for anyone else as long as you're under contract for them, and when he has the right to fire you from said job anytime he wants, how are you not his employee?
 

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It's the midcard that are hurt the most, especially the women's division. The top performers in the Women's division barely make $90,000 a year, if that. They have to pay their own travel, accomodations, food, etc....plus their home expenses. While the top male performers get all their needs met. Cena pays no travel. He doesn't pay for hotels.....He doesn't pay for food ....He pays nothing on the road it's all covered by WWE. He has no reason to care about others wrestlers, just like Hogan in the 80's.
That's because Cena is more important than those performers. Generally, the top male performers carry the company; so they should get perks. The women are generally expendable.
 

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Discussion Starter #18
That's because Cena is more important than those performers. Generally, the top male performers carry the company; so they should get perks. The women are generally expendable.
Big Show gets the same deal as Cena. Are you going to say he's more important than Sasha Banks? Even though Banks outsales him in merch and is a bigger star than he's ever been in his entire career?
 

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Big Show gets the same deal as Cena. Are you going to say he's more important than Sasha Banks? Even though Banks outsales him in merch and is a bigger star than he's ever been in his entire career?

That's not true, even WCW's The Giant was a bigger name than Sasha Banks.
 

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WWE always has a few snitches in the lockerroom. It was Hogan in the 80's. Ventura tried to get a petition started to get the IRS to look at WWE's treatment of wrestlers, and he tried to get a class action lawsuit started against the company for backpay and cost of benefits that WWE should have been given. He got snitched out by Hogan.

Now days it's Cena (it was Taker 15 years ago) He has his head even further up Vince's ass than Hogan did.

It's the midcard that are hurt the most, especially the women's division. The top performers in the Women's division barely make $90,000 a year, if that. They have to pay their own travel, accomodations, food, etc....plus their home expenses. While the top male performers get all their needs met. Cena pays no travel. He doesn't pay for hotels.....He doesn't pay for food ....He pays nothing on the road it's all covered by WWE. He has no reason to care about others wrestlers, just like Hogan in the 80's.
By your logic guys like AJ and the shield are snitches cause their highly paid.
 
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