Can you tell independent contractors how to dress?

[TheAgent025]

yes it's there company and there air time if the fighters dont like dont sign a contract

 

[ALAN PARTRIDGE]

who cares if they all wear Reebok

 

[tenniswhiz]

Yes.
If they sign a contract, they are obligated to follow the stipulations.

But Denis Hallman did have a case back when fighters could wear what they wanted.

 

[Cake4Breakfast]

I don't know why people always want to try to draw parallels between the jobs that athletes/entertainers do and the jobs everyday people do. Nobody wants to pay to watch me do my job (actually there are probably some creeps somewhere out there on the internet who might, I am pretty gorgeous, but still).

 

[giusti825]

yes it's there company and there air time if the fighters dont like dont sign a contract

Stupid argument as it would apply to employees aswell. "If you dont like it dont take the job....derp."

 

[LouisBolanos]

If I'm your plummer, I'd wear the shit out of the Reebok uniform for $2500 a visit.

 

[Fight Professor]

Absolutely. A lot of companies have a dress code. I have never seen one that required you to wear a certain brand of clothes though.

 

[Marc A]

If I'm your plummer, I'd wear the shit out of the Reebok uniform for $2500 a visit.

How would you wear it?
Awesome if you could

 

[CrashStitches]

LOL at this thread. This thread backfired as bad as the Reebok deal.

 

[Magooglie]

It would take an active fighter to sue the UFC about whether they're an independent contractor or employee.

 

[Reveen]

Only team sports should have uniforms. This is just a selfish money grab by the UFC.

 

[AndrewGolota48]

It's not the UFC that calls them that, it's the federal government.


And yes it's in their contract anyways they have to wear this.

If deemed an independent contractor, the employer has to send them an I-9 for if they are paid over a certain amount of money, forgot what it is.

Like others have mentioned, there is no hard, definite interpretation on this. There are a number of factors that are evaluated, and I'm sure Zuffa's legal squad knows a hell of a lot more about towing the line than I do.

A big one is usually whether or not you manage the day to day activities of the worker (like a 9-5 job), which the UFC does not do.

But it does seem very strange that they are barred from taking other jobs while with the UFC. I'm guessing they get around this with some legal loophole regarding number of fights vs defining some actual length of time working for the UFC, but again I ain't no lawyer.

 

[markys00]

i used to work at a golf course as a caddie master with over 150 caddies. they were all independent contractors. i caddied as well. i learned a HELL of a lot about how being an independent contractor works, and it is VERY VERY touchy. I was told a lot of things. Legally, we werent able to "fire" any caddies, only the membership could. (Although we did anyways--again very touchy)

To answer the question: we did tell them how they could dress, in caddie uniform.... BUT if they wanted to, they could go out and caddie in whatever attire they wanted to... BUT we certainly did not have to assign to them a caddie round or "loop".

I know a ton about this from first hand experience.... tricky tricky stuff.

** about working at another org. fighters CAN do that. only if the contract allows them to/or the employer allows them. It has happened several times, as a matter of fact. BUT the stipulation to the rule is, if you do decide to contract an independent contractor as an exclusive service provider then, you as a company, MUST fulfill your side of the agreement. ie, you tell them 6 fights within 4 years-- YOU MUST provide that to them (Whether they take/accept them is another story). but once again, if the fighter decides to go somewhere else (i believe this kind of happened with rampage) they can always get terminated for breaching contract.

 

[Goonerview]

Yes you can, if they want the job then they will have to wear what you request, if not then don't take the job.

The beauty of monopolies ...

 

[TheLoneWolf527]

I want to know what kind of contract UFC fighters have signed that gives UFC the power to change the contract whenever they feel like it and make them wear uniforms

 

[Goonerview]

What would happen if the fighter didn't want a "2,500 dollar" reward and refused to wear reebok and said keep your money, I just want to fight ... Are UFC legally able to fine them??

 

[Kansu]

Yes they can, If I hire you for a broadway play, you can't go on stage dressed as however you want, it doesn't make sense.

 

[Malthian]

I want to know what kind of contract UFC fighters have signed that gives UFC the power to change the contract whenever they feel like it and make them wear uniforms

All it requires is a standard approval clause. Here is the boilerplate clause that they use for attire and advertiser approval per the Eddie Alvarez contract.

21.1 Fighter covenants and agrees that no wording, symbols, pictures, designs, names or other advertising or informational material (i) for any beer, alcohol, beverage company, tobacco, casino or gaming company, media company (including, but not limited to, HBO, ABC, SNI, ESPN, Spike, any Viacom owned network and any Internet related company); (ii) of any sponsor in conflict or competition with ZUFFA or any of ZUFFA's sponsors; (iii) of any sponsor causing injury to the reputation of ZUFFA or ZUFFA's sponsors or their respective officers and owners; or (iv) which has not been pre-approved in writing by ZUFFA shall appear on the trunks, gloves, robe, shoes or any other part of the costume or the body (including by use of temporary or henna tattoos) of Fighter or any of Fighter's Affiliates during or at any Bouts, Pre-Bout Events or Post-Bout Events. For the avoidance of doubt, all sponsorship and endorsement approvals shall be at ZUFFA's sole discretion. Fighter further covenants and agrees to only use the gloves approved and supplied by ZUFFA.

21.2 Notwithstanding the foregoing, ZUFFA shall have the right to include any advertising or other informational material of ZUFFA, ZUFFA's sponsors or other entities designated by ZUFFA on the trunks, gloves, robe, shoes, regalia or any other part of the costume of Fighter or any of Fighter's Affiliates during or at any Bouts, Pre-Bout Events or Post-Bout Events.

https://docs.google.com/file/d/0B4Tw9Kwt3agyc1MwRDVFZ05EY0U/edit?pli=1

In other words, ZUFFA fully defines that they have the right to both define which advertisers can be on every piece of clothing as well refuse any piece of clothing that has advertisers that they don't want to see on that clothing.

And since every fighter signs that contract, then it's up to ZUFFA whether they want to let you rent out that space (assign the rights), or not rent out that space (reclaim the rights). And they can do so arbitrarily and at their own discretion.

It's similar to me letting you temporarily park your car in my driveway. If I have you sign a contract that lets me revoke your right to use that space at my discretion, it's up to me whether I let you put a sign on the side of your car, or I can simply tell you that I'm sick of seeing that sign and if you want to keep using my driveway the sign has to go.

 

[Magnum1978]

Im sure you can stipulate it in the contract.

this

 

[spid3yo]

What would happen if the fighter didn't want a "2,500 dollar" reward and refused to wear reebok and said keep your money, I just want to fight ... Are UFC legally able to fine them??

Yes they would be in breach of their contract.