Legal Issues For Yoga Teachers

By Kelsey Jae

*Attorney, Apothecary Owner, Yoga Lover

Overview - a conversation about common issues

• Employment Law - what is the difference between being an employee and an independent contractor, and why does it matter?

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• Harassment and assault; gaslighting and bullying

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• Truth and honesty v. misrepresentation of products, services, and memberships

Employment Law

• The “master - servant” relationship is heavily regulated by state and federal law, for good reason based in abuse.
• If someone is an “employee”, many laws apply to the relationship. These same laws do not apply to “independent contractors.”
• Many business try to characterize people who work for them as “contractors” to avoid the laws that apply to employees.
• But, the Department of Labor (at state and federal levels) doesn’t care what you call it - they care about the characteristics of the relationship. That’s what matters legally - they will look at the facts for the job and people at issue.

“Employee” or “independent contractor” - focus on who has control and independent authority

https://www.labor.idaho.gov/dnn/Portals/0/Publications/Contractor_Or_Employee.pdf?ver=2017-11-14-164006-437

https://www.labor.idaho.gov/dnn/Portals/0/Publications/Contractor_Or_Employee.pdf

“Employee” or “independent contractor” - focus on who has control and independent authority

https://www.labor.idaho.gov/dnn/Portals/0/Publications/Contractor_Or_Employee.pdf

https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation

Federal law gives even more detailed analysis:

https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation

Federal law gives even more detailed analysis:

https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation

Federal law gives even more detailed analysis:

Consequences of mischaracterizing (i.e. calling someone a contractor when the facts show they are an employee)

• Tax penalties. Employers must pay payroll taxes (social security, medicare) and provide workers compensation insurance. There are penalties for failure to do so, which are higher if you intentionally mischaracterized so as to avoid such payments.
• Wage claims. Employees must be paid at least minimum wage (with some exceptions). If a “contractor” was paid less than $7.25/hour and is deemed to be an employee, the employee can sue the employer for back wages + punitive damages.
• Other rules apply: depending on state and size of business, there are rules about breaks, family medical leave, sick leave, overtime, insurance, etc.

No published case law (i.e. judicial opinions) about yoga and employment law specifically.

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General rules apply.

Sexual Harassment, Assault/Battery, Gaslighting, Bullying

• Sexual Harassment is a legally defined term and it violates the Civil Rights Act.
• Assault &/or battery (sexual or otherwise) are also a legally defined term and can be prosecuted.
• Gaslighting, bullying, and general a-holeness is usually not illegal

Sexual Harassment

https://humanrights.idaho.gov/Idaho-Law/Types-of-Discrimination/Sex

Sexual/other assault, battery, gaslighting, bullying, etc.

• This is a big topic.Of course, people will say “report a crime” - but we all know that sexual assault and rape often go unreported b/c of complex power dynamics, mistreatment of victims, fear, lack of prosecution, etc.
• Some behaviors aren’t criminal, but they are wrong. How does a community deal with bad actors?
• Local restorative justice efforts: https://www.gofundme.com/f/help-rahmana-bring-restorative-practices-to-boise

Truth & honesty v. misrepresentation of products, services, and memberships

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• Violation of Yoga Alliance rules
• Breach of contract
• Consumer protection for fraud/false advertising
• Requires proof that you were intentionally deceived

https://www.idaholegalaid.org/files/ConsumerProtectionManual.pdf

Discussion?

kelsey@kelseyjaenunez.com

kelsey@thevervaincollective.com