"C J Campbell" wrote
If a CFI was really an independent contractor he could not be required to
perform any additional duties, could not be told how to do his job, could
not be required to use company planes, could not be forbidden to give flight
instruction on his own time or at other FBOs, etc.

I am an independent contractor at an FBO. I don't get a W2 or 1099.
I meet all the above tests. The FBO does not pay me - I am
responsible for finding my own students, doing my own billing, etc.
The student pays the FBO for the aircraft, and pays me for instruction
in a completely separate transaction. I set my own rates. All
instructors there work on the same basis. There are operations that
do it right.

I estimate these comprise less than 5% of all FBO's.

The first time a 'contractor' CFI gets hurt on the job and files a workman's
compensation claim ...

It doesn't even require that. All it really takes is one disgruntled
fired flight instructor filing for unemployment. If the state labor
board decides he doesn't meet the definition of independent contractor
(and most don't), watch out. The argument that he knew what the deal
was up front doesn't fly - the reason labor law exists in the first
place is that the employer is understood to have much more power in
the situation than the employee.

Personally, I would love to see these laws enforced against FBO's. It
would lead to a much better business climate.

Michael