08/15/2026
A recent North Carolina Supreme Court decision highlights an important question for every off-duty law enforcement program: who actually controls the officer's work?
In Lassiter v. Robeson County Sheriff's Department, an off-duty deputy was injured while directing traffic for a private construction project. The contractor paid the deputy directly, but the Court held that the contractor was not his joint employer for workers' compensation purposes.
Why? The Court found that the Sheriff's Office, not the contractor, supervised the deputy and controlled how he performed his law enforcement duties.
The decision is a reminder that payment alone does not determine the employment relationship. How an off-duty program is structured, including who approves assignments, supervises officers, directs their work, and retains control over how law enforcement services are performed, can carry significant consequences.
For agencies and the organizations they serve, those details deserve attention before an injury or claim puts them under scrutiny.
Have counsel review your off-duty program structure, contracts, insurance, and operating practices together. The documents should reflect how the program actually works.
See where risk may be hiding in your off-duty program: https://www.rollkall.com/off-duty-program-risk
