The UFC Athlete Outfitting Policy was revealed Thursday and it has brought up the question as to the independent contractor status of UFC contracted fighters.
Bleacher Report was the first to report on the new policy which details the responsibilities of fighters and their corners. A newly established UFC Equipment Department has been put in place to implement the uniform policies. This weekend’s UFC Fight Night 59 will be the first time the Equipment Department will meet with fighters to go over the new policies. The department will work with fighters to come up with a uniform that will fit their own style. Presumably, this means that fighters can choose between board shorts versus vale tudo-type tights.
Fighters will be able to choose the colors provided with the higher-ranked fighter per UFC rankings getting first choice. A fight between two unranked fighters will work with matchmakers to come up with colors.
While this policy is not new for a sports league to implement, it stirs up the issue of the limits the UFC can instruct its fighters, who are characterized as independent contractors, to do their job. MMA Fighting’s Luke Thomas brings up this issue in which he questions the boundaries that the UFC is pushing.
The short story is that there are advantages for an employer to have independent contractors instead of employees. For example, the employer does not pay certain employment taxes, health care, wage and hour considerations, pension and are not subject to certain liabilities.
Payout Perspective:
The basic legal premise to determine whether a worker is an employee versus an independent contractor is whether the employer “retains control” over the worker; essentially, whether the employer can tell the worker how to do his or her job. There are many iterations and interpretations of what retaining control is and whether the employer must exert actual control.
Although there are some differences, the WWE has a similar policy. All of the costumes the wrestlers wear to the ring are approved by the WWE. Even Brock Lesnar’s short sponsors were approved by the company. Like UFC fighters all of the wrestlers in the WWE are independent contractors as well. That does not mean this is right, it’s just another example.
At the UFC-Reebok press conference, Dana White indicated that he had spoken with UFC fighters about the uniform policy before the announcement. Yet, there have not been any fighters that have come forward to say that they were contacted prior to the press conference. Moreover, it’s not clear if any fighter provided their input on the deal. The UFC will indicate that it is working with its fighters to come up with their own style for the uniform. Thus, there is input as to what is created for each fighter. So while fighters must abide by a uniform policy, there are some variations within the policy that allow for each fighter (and presumably their corners) to include their own style. It’s just that the styles will be limited to what is approved by the new UFC policy.
But, it’s clear that the new policy has eliminated a certain amount of freedom previously known to the UFC fighters. Not only are they giving up their sponsors (that aren’t Reebok), they must now abide by a certain set of rules or else there will be penalties.
One has to think that the UFC worked with its lawyers to shape this policy. Still, we’re in that legal gray area where on one end you must ask whether the UFC is retaining control over its independent contractors by implementing these rules in restricting what they wear. On the other, you ask whether giving workers a uniform is enough control over them to label them an employee rather than an independent contractor.
Super Gay!!!!!
The UFC is definitely pushing the limits here. They are trying to exert way too much control, even the fighter’s corner is obligated to follow their policy–and they are neither employees nor independent contractors of the UFC. Remember when the UFC was saying that you could still have your own sponsors? well, according to their policy you have to wear their officially designated products on all things deemed official by the UFC in the months leading up to and after the fight, basically all the available platforms that actually attract sponsors are now off limits.
In the end all that is going to matter is whether the fighters are making more or less with this new system, and I think it is going to be the usual story; The top fighters will be happy with their own independent contracts and everybody else will barely make anything.
This doesn’t make any sense. How does this policy have anything to do with being an outside contractor? I have been aan outside contractor and that sure as hell didn’t mean the job didn’t have requirements. There was clothes we couldn’t wear. We had to be on time, we couldn’t carry fire arms, we had to have ID badge. The UFC just has to add it into the contract or job description. There are limits but a uniform requirement that thousands of companies already have and require their contractors to wear is not that limit.
So then you must love it Sal!
Slavery hahahaha…for chump change
LOL…
LOL
Uniforms… LOL
at UFC 133 the CHOICE of “uniform” by Dennis Hallman made Brian Ebersole a tidy $75K when he finished him in the 1st rd. DW labelled it the “Get Those F*#king Shorts Outta The Octagon” Bonus.
BS:
Good point, but do those companies also tell you that if you bring anyone else with you they have to follow the policy as well. Oh yeah, if we film you, you have to follow the policy as well or else we will deduct money from your paycheck? Remember that anyone from your gym or your corner has to follow the policy, and I’m pretty sure they didn’t sign any contracts.
What this indirectly is saying is that if you have to follow this policy even on days when you are not working. If I was a sponsor and thought to myself, there should be plenty of opportunities for my fighter to rep my gear for exposure, this is making it very clear it won’t be during any meaningful time whatsoever. Very little ROI imo.
As a contracted employee I was not allowed to bring anyone with me. The UFC allows fighter to have people with them and even pays for most of them. IF I was given permission to bring someone to work. They would do what ever was requested of them or simply not go with me.
I disagree. There is plenty of time for fighters to work with the sponsors. Other sports do so without using the league by recreating sport scenes to use the athlete. IF a fighter has to be standing in the UFC cage with UFC letters around them then they have no value anyway and sponsors are just piggybacking the UFC brand by using the fighter to backdoor a UFC sponsorship. Look at the GSP NOS energy drink commercial. No UFC needed.
Also what do you consider working? Clearly the UFC has it in their contract that it isn’t just the fight that is considered work and part of their job and requirements for their pay. Which covers weigh -ins, press conferences, etc. Which is exactly the times the Uniform rule is expected to be followed. I don’t see anything that was added beyond the already recognized work time.
” Not only are they giving up their sponsors (that aren’t Reebok)”
Correction: Fighters are not being forced to give up sponsors, they simply can’t wear their logos at UFC events. Plenty of fighters work with sponsors doing online promotion, making appearances and appearing ads.
” Not only are they giving up their sponsors (that aren’t Reebok)”
Correction: Fighters are not being forced to give up sponsors, they simply can’t wear their logos at UFC events. Plenty of fighters work with sponsors doing online promotion, making appearances and appearing ads.