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Unpaid staff is required by the contract to work a specified number of hours per month
or every two months, is supervised, directed, and controlled by the Employer. (Ex. J-1A; T,
p. 274, LL, 519; T., p. 186 L. 21 .- p. L. 188 L. 17) Clearly, under a common sense
interpretation of employee," unpaid staff would qualify.
There is no question that WBAI control the manner in which unpaid staff perform their
functions at the radio station. Unpaid staff are required to attend mandatory meetings, fund
raise, and, when on the board, record and file transmittal data required by the FCC. (T.,
p. 201, LL. 5202; Ex. J-1A). Moreover, unpaid staff are fully integrated into the life of the
station (T., p. 273, LL. 16-19) and, in fact, are relied upon for all progranuning from 8 P.M.
to 5 to 6 A-M. (T., p. 162 LL. 8-23). Under Avis Rent-A-Car Systems, Inc., supra, unpaid staff
are clearly "employees."
In Jones v. Goodson 121 F.2d 176 (10th Cir. 1941), the Tenth Circuit ruled that cab
drivers were employees of the taxicab company for purposes of social security tax
liability. In reaching this conclusion, the court reasoned that "the relationship of master and
servant may be express or implied; it is not essential that the name of the servant be on the
payroll of the master, there may be no compensation to the servant; or the compensation may be
paid by a third person, not the master. And the right of discharge is a factor strongly
indicating that the relationship exists." Id., 121 F.2d at 179 (citations oniitted). The court
continued, "A reasonable measure of direction and control over method and means of performing
the service is a constituent element of the relationship of master and servant," although the
direction and control need not related to every detail of the work. Id., 121 F.2d at 180.
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