Was Han Solo an independent contractor or employee of the Rebel Alliance under the FLSA? You know you’ve always wanted to know the answer to this question! How else can you expect to impress a beautiful girl unless you can provide a detailed legal and in-universe explanation for one position or another that does not violate sacred Star Wars canon? You can’t, of course, which is why you’re here. They don’t call me the Juris Doctor of Love for no reason. In fact, they don’t call me that for any reason at all. Or at all, period. Nonetheless, it’s on my business cards.
Seriously though–and I do take this far more serious than is healthy–the answer depends on which movie we look at in the ever-increasing Star Wars film universe. So for this post, we will consider just the first Star Wars: Episode IV: A New Hope: The One Where Han Shot First (In Some Versions): A Star Wars Story: Being the First Part of the Lord of the Rings.
Oh, Han Solo: smuggler, scoundrel, scruffy-looking nerfherder. Until the start of Star Wars: A New Hope, he’s a down-on-his-luck outlaw with a price on his head larger than a fanboy’s expectations of Episode IX. Until, that is, an agent of the Rebel Alliance, the only one Obi-Wan Kenobi, makes a proposal: transport humans and cargo past the Imperial patrols and deliver them safely to Alderaan. Han Solo’s first question, logically, is whether he would be an employee or an independent contractor in this scenario, and given his business savvy, he immediately contacted a skilled employment law attorney in South Carolina for the answer. So…
What makes Han Solo an independent contractor or employee?
Control, control, you must learn that CONTROL is the key to determining whether the person is an independent contractor or employee. The Imperial Revenue Service (IRS) has issued guidance in making this classification. Two key factors noted by the IRS are control over the person’s behavior and control over the financial and business aspects of the employee’s job. In other words, is the person permitted to exercise complete discretion in getting the work done and in how the person gets paid? If not, then the person is more likely an employee.
In Mr. Solo’s FLSA lawsuit against the Rebel Alliance in imperial court, what does the court consider that weighs in favor of him being a contractor?
First, Plaintiff Solo has virtually no restrictions placed on his discretion in performing his mission. The only directions he receives from Mr. Kenobi? “No questions asked.” Solo has the discretion to determine time and location for departure (docking bay 94, of course), the means of transport (the Millennium Falcon), and calculating the proper course to Alderaan, which, as we know, ain’t like dusting crops, boy. So the element of control (or lack thereof) over Solo’s behavior leans in favor of an independent contractor arrangement.
Second, Solo has no restrictions placed on the financial and business aspects of this arrangement. Solo remains free to use his own resources and tools to accomplish the mission, as he sees fit, and he can make all the upgrades and modifications to the Falcon that would be necessary. So this factor also also tends to support Solo’s status of independent contract. Also, his name is SOLO, so….
Can a person’s status change from independent contractor to employee?
Yes, if the level of control changes during the course of employment. So, in Captain Solo’s case, he begins as independent contractor, subject to the terms of payment of 2,000 credits now and 15,000 when they arrive safely at Alderaan.
However, the Force has other ideas, for upon arriving at where Alderaan USED to be, the mission changes. Solo’s ship, with its passengers hidden on board, is captured by the Empire, which leads to a rescue attempt of Princess Leia, a high-ranking member of the Rebel Alliance.
Once the Princess enters the picture, the level of control changes almost immediately. Princess Leia asserts control over the mission and begins bossing around Han Solo and Luke Skywalker (and even Chewbacca, the famous walking carpet himself) like she’s, well, like she’s royalty or something. At this point, Han Solo instantly becomes an employee of the Rebellion, pursuant to Princess Leia’s assertion of control over the mission. At that point, Han Solo becomes entitled to….
Overtime–Or, How Long It Takes to Become As Wildly Handsome as Me (i.e., it happened over time and with frequent surgery)
That’s right, the Rebel Alliance, as if it didn’t have enough trouble on its hands with fighting a war and all, now has to start tracking Han Solo’s hours worked so it can properly pay him overtime for all the hours he’s working to help save the Galaxy from the villainous Empire. (I recommend a time-tracking software such as Fettch Your Hours or Jabba Jabba Jobsite, both excellent options.) The Alliance, being the good guys, does not engage in wage theft and so takes its legal obligations seriously. After a polite request, Han Solo received all of his earned overtime pay for the many hours he spends fighting for peace and justice in the galaxy, and I didn’t even have to send an threatening letter to Mon Mothma that compares her to the Dark Lord of the Sith if she doesn’t comport with the law’s requirements.
Ultimately, if you or a smuggler you know is uncertain as to whether or not they should be getting paid overtime, send me a holo transmission immediately. I may not be your only hope, but I’ll certainly help you any way I can.
THE END
DIRECTED BY J.J. ABRAMS
WRITTEN BY JEREMY R. SUMMERLIN, E$Q