11.01.070 Employee Defined

"Employee" as used in the chapter means:

(a) Every person, including all officials, in the service of the Band whether elected or under any appointment, or express contract of hire, and whether a resident or employed or injured within or outside the boundaries of the Reservation.

(b) Every member of the Bad River Police Department or Volunteer Fire Department or Ambulance Service.

(c) An independent contractor is not an employee of an employer for whom the independent contractor performs work or services if the independent contractor meets all of the following conditions:

(1) Maintains a separate business with his or her own office, equipment, materials and other facilities.

(2) Holds or has applied for a federal employer identification number with the federal internal revenue service or has filed business or self-employment income tax returns with the federal internal revenue service based on work or service in the previous year.

(3) Operates under contracts to perform specific services or work for specific amounts of money and under which the independent contractor controls the means of performing the services or work.

(4) Incurs the main expenses related to the service or work that he or she performs contract.

(5) Is responsible for the satisfactory completion of work or services the he or she contracts to perform and is liable for a failure to complete the work or service.

(6) Receives compensation for work or service performed under a contract on a commission or per job or competitive bid basis and not on any other basis.

(7) May realize a profit or suffer a loss under contracts to perform work or service.

(8) Has continuing or recurring business liabilities or obligations.

(9) The success or failure of the independent contractor's business depends on the relationship of business receipts to expenditures.

(10) The Tribal Council may by resolution, prescribe classes of volunteer workers who may, at the election of the person for whom the service is being performed, be deemed to be employees for the purposes of this chapter.

(11) A juvenile performing uncompensated community service work as a result of a disposition ordered by the Bad River Tribal Court is considered an employee. No compensation may be paid to that employee for temporary disability during the healing period.

(12) An adult performing uncompensated community service work under is considered an employee of the Band. No compensation may be paid to that employee for temporary disability during the healing period.

(13) A prisoner of a county jail who is assigned to the Huber Program who

performs compensated work for the Band is considered an employee of the Band.

(14) A participant in a trial job or on probation is considered an employee of the Band and shall receive benefits under this chapter from the date of hire so long as he or she is otherwise eligible under this chapter.