Minn. R. agency 151, ch. 5224, pt. 5224.0312 - TRAINERS
Subpart 1.
Definition.
A trainer is a person who is licensed as a trainer under Minnesota Statutes, chapter 240.
Subp.
2.
Independent contractor.
A trainer is an independent contractor with respect to the racetrack and to the owners if all of the following criteria are substantially met.
A. The trainer sets a fee which
covers the daily fee, and bills the owner for the day pay and any additional
supplies or services incurred in the care of the horse.
B. Tack, feed, board, and all supplies
necessary for the ordinary care of the horse are provided by the
trainer.
C. The trainer has a
substantial capital investment in tack, equipment, and supplies.
D. The trainer makes all decisions regarding
management of the horse while the horse is at the trainer's stable. If the
trainer disagrees with instructions of the owner, the trainer is free to tell
the owner to remove the horse from the trainer's care, and the owner must
comply.
E. The trainer is free to
stable and train the horses of other owners.
Subp. 3.
Employee.
A trainer is an employee of an owner if all the following criteria are substantially met.
A. The
trainer is paid on a salary, wage, or similar time basis.
B. Tack, feed, board, equipment, and supplies
for the care of the horse are provided by the owner.
C. The stables are owned or operated by the
owner of the horses.
D. The trainer
must comply with instructions of the owner regarding management of the horse,
although the owner generally relies on the expertise of the trainer.
E. The trainer may stable and train the
horses of others only with the permission of the employing owner.
F. The trainer's hours of work are set by the
owner of the horse.
Notes
Statutory Authority: MS s 176.041; 176.83
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