...INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (the “Agreement”) is entered into as of ___________________ (the “Effective Date”) by and between ____________________ (Independent Contractor), a INDIVIDUAL [individual/corporation/partnership/etc.] (the “Contractor”), and PORTERHOUSE FINE MEATS, a LLC [corporation/partnership/etc.] (the “Company,” and together with the Contractor, the “Parties”). RECITALS WHEREAS, the Company wishes to engage the Contractor as an independent contractor for the Company for the purpose of completing certain specified tasks on the terms and conditions set forth below; and WHEREAS, the Contractor wishes to provide the Services (as defined below) in accordance with the terms of this Agreement; and WHEREAS, each Party is duly authorized and capable of entering into this Agreement. NOW THEREFORE, in consideration of the above recitals and the mutual promises and benefits contained herein, the Parties hereby agree as follows: 1. RESPONSIBILITIES. a) Of the Contractor. The Contractor agrees to do each of the following: A. Perform the Services set forth in Exhibit A attached hereto and made a part hereof (collectively, the “Services”). B. Devote as much productive time, energy, and ability to the performance of its duties hereunder as may be necessary to provide the required Services in a timely and productive manner. C. Perform...
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...is to decide if Karen is an independent contractor or an employee and discuss some of the preventative and ethical situations that are occurring in this case. Questions: 1. Do you feel that Karen is an independent contractor or an employee? What is your rationale for this decision? I believe that Karen is an independent contractor. She was never hired by ABC Utility as a permanent employee. Karen’s tittle was change twice; she had a tittle of a temporary employee and Human Resources Consultant. My rationale for my decision is based on the fact that Karen has been working for ABC Utility for the past five year as an independent contractor and has never received any benefits and was paid as a 1099. Karen was never in need for any kind of benefits prior to her husband's death. After Karen’s husband death, she finds herself in need to have benefits. 2. What factors do you feel help contribute to Karen being an employee? The factors that help are that she has been working fulltime for five years with the company and has developed a great rapport with fellow employees and other employees with hire positions such as managers. The Human Resource manager removed the word temporary out of her job title given her a permanent job title “Human Resources Consultant”. Having a solid working relationship with the human resource manager may also be leading others to view Karen as a permanent employee of ABC Utility. Having a contractor working on a daily basis for...
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...Page 1 of 10 INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (“Agreement”), entered into by and between Edegree Advisor LLC, a Delaware State limited liability company (“Company”), and _______, an individual residing at _____ (“Contractor”), on this the __ day of ______ 20__ (“Effective Date”), sets forth the understanding between the parties with respect to the retention of Contractor to furnish certain services to Company as described herein. 1. Services. During the term of this Agreement, Contractor shall endeavor to provide the Services set forth on Exhibit A hereto, as well as such other and additional Services as the parties deem appropriate. 2. Term. This Agreement and Contractor's retention hereunder, shall commence as of the Effective Date and continue for a period of eighteen (18) months. Either party may terminate this Agreement with or without cause, by providing written notice to the other party (with email being a satisfactory form of written notice). 3. Fees. Company shall pay Contractor the fees set forth on Exhibit B hereto. 4. Independent Contractor. 4.1 Scope of Relationship. It is expressly understood and agreed that Contractor is not an employee of Company for any purpose whatsoever, but is an independent contractor. Under no circumstances shall Contractor be considered an employee, agent or representative of Company. This Agreement shall not establish, or be interpreted as establishing, any form of employment relationship...
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...Nate Piche Employee or Independent Contractor? When choosing whether to classify a worker as an independent contractor or an employee the employer has many tax related and non-tax motivations to choose the former. The biggest motivations are the many taxes that the employer will not be responsible for withholding if they choose to classify a worker as an independent contractor. One of the largest responsibilities of an employer is the role it plays as tax collector for the government. If an employer is able to classify its worker as an independent contractor rather than an employee they would not have to worry about withholding federal income tax, FICA taxes, FUTA taxes, and state income taxes. Instead this burden would fall upon the independent contractor when tax season comes around. There are non-tax benefits for the business in choosing to classify a worker as an independent contractor as well. Employers do not have to worry about paying into workers’ compensation plans for independent contractors, they do not have to pay health or welfare benefits, pay into pension plans, or reimburse business expenses. With all of those pros to classifying a worker as an independent contractor you have to wonder why businesses choose not to. Along with those many benefits there are also a few disadvantages. Independent contractors, by definition, do not work set hours which means they are free to come and go as they please which could lead to schedule disruption. There...
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...of employment law. The current issue is a prime example of this fact of life. Situation Review The company is involved in a legal dispute with a former contractor. The contractor was injured in route to a sales call in her personal vehicle and failed to attend the sales meeting. This resulted in the loss of the sale. Subsequently, the contractual relationship with the individual was terminated. The former contractor has sued the company alleging wrongful termination. Independent Contractor In Section 2 of the Restatement (Second) of Agency an independent contractor is defined as “a person who contracts with another to do something for him who is not controlled by the other nor subject to the other’s right to control with respect to his physical conduct in the performance of the undertaking.” (Cheeseman, 2007, p. 471). Labeling someone and independent contractor does not in make them one in fact. The degree of control the principal has over the agent determines the independent contractor status. In this case the salient issue is that the principal set the work hours and assignments for Beth. This indicates a high level of control and in general the courts have concluded that this is not an independent contractor. At-Will Doctrine Because the courts will probably designate Beth an employee and not a contractor the at-will doctrine must be considered in this action. The at-will doctrine gives the employer the right to terminate an employee at any time for any legal...
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...Contract of service MEANING OF EMPLOYEE TESTS Control Integration Fundamental or economic reality test Independence Intention APPLICATION OF LAW BEST PRACTICE CHART OF DIFFERENCES APPENDICES: IRD CHECKLISTS Appendix 1: Control test checklist Appendix 2: Integration test checklist AdviceLine For telephone advice and assistance, call or email the EMA AdviceLine and talk to one of our employer advisors: 09 367 0909 or 0800 800 362 AdviceLine@ema.co.nz Appendix 3: Independent test checklist Appendix 4: Intention test checklist Appendix 5: Economic reality test checklist Appendix 6: Employee Checklist 2 2 3 3 3 3 4 5 5 5 6 6 6 7 8 9 9 11 12 13 14 14 A-Z of Employing is available to EMA members only, via email, or online at www.emadvice.co.nz Contact AdviceLine to obtain your password. AdviceLine is open 8am – 8pm Monday to Friday (excluding public holidays) Contracts for Services OVERVIEW 1 2 3 A contract for service contrasts with a contract of service. An employee is a person under a contract of service and a contractor is a person who enters into a contract for service. The concern with the correct classification of a relationship is usually over whether a person has been prevented from accessing rights and protections available only to employees. The Employment Relations Act 2000 does not define a contract of service but defines the meaning of employee. The terms are interchangeable therefore the meaning of a contract of service is the meaning of employee as provided...
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...Your Role/Assignment: Your role is to decide if Karen is an independent contractor or an employee and discuss some of the preventative and ethical situations that are occurring in this case. Questions: 1. Do you feel that Karen is an independent contractor or an employee? What is your rationale for this decision? I feel that Karen is an employee. The reason for this first of all is that she has been there for five years and the company has changed her title from Human resources temporary to Human Resources Consultant. Karen is also doing similar work to others she works with and that is why they changed her title. Overall, Karen has been consistently requested to work on multiple jobs for the utility and should be considered an employee after five years. 2. What factors do you feel help contribute to Karen being an employee? I think that the fact they utility changed her title from Human Resources Temporary to Human Resources Consultant is the main contributing factor to her being an employee. The other would be how the company has consistently for five years keep hiring her for project after project. 3. What factors favor her being a contractor? The fact that Karen never received a W-2 form would be one factor. The other would be that she does have a contract with the utility. Karen also contracts her services to others other than the utility which would make her a contractor. 4. What are some potential legal implications in the case...
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...Malcolm Ferguson May 16,2015 Ericka Harden Leg100 Good Grocers, Inc. On 16th of May an accident occurred, at the West Philadelphia location of Good Grocers. The produce manager contacted me stating “as I was leaving the bakery department, I noticed a woman lying on the ground of a produce department. A gentleman then approached yelling, “She slipped on a banana peel and fell. My wife is the anchorwoman for NEWSNOW, and we are going to sue you!” The woman did not look as if she was hurt, and it did not look like the lady was suffering from any pain. However, I still called the police and reported the incident due to the policy of the policy of our company. When an accident occurs, we are to report it immediately for the safety the customer. After reporting the incident, I then went back to examine the area where the accident took place. While studying the area, I noticed the banana peel the woman allegedly slipped on was yellow. The peel was laying on a ribbed rubber mat. Also, I noticed the woman was wearing five-inch heels. From the looks of the area, the accident, look as if it was forced and the man was fabricating about what happened. While searching the area, I noticed the banana that the man claimed his wife slipped was yellow, in other words the peel was fresh. From my experience in working in food service, I know that by the banana peel still being yellow it means the peel was just placed on the mat. Also, the peel was lying on top of a ribbed rubber mat which...
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...Queensland University of technology | Employee-Contractor Case Study | By Monil Mehta | | Word Count: 1450 | 8/21/2014 | n8911941 | 1.0 Introduction The main purpose of this report is to distinguish and provide evidence to the fact that Anne Parish, a former employee at Ace Accident Insurance in Cairns was treated unfair by her former employer. In employment relations all employees should be treated and remunerated fairly, irrespective of them being an independent contractor or an employee (Fair Work Act, 2009). In this report it shall be determined whether Anne Parish was an employee or an independent contractor to Ace Insurance Co. using the multi-factor test. Further it shall also be argued upon whether Anne was dealt fairly or not. 2.0 The Multi- Factor Test The Multi- Factor test is important because it determines the entitlements for a worker as an independent contractor or an employee. The test started to be used by the legislature and federal courts from 1990’s to determine and decide upon, if an individual or group of individuals is an employee or a contractor (Stewart, 2009). The multi-factor test takes into account certain criteria’s and facts to determine whether a person is an Employee or Independent contractor . This facts fall into 3 main category namely behavioral control, financial control and type of relationship (Megerdomian, n.d). Behavioral...
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...Work is no longer a domestic relationship and we also saw that master as employer have great control their servant/employees in their work performance. Control becomes an important key to determine if a person is an employee as of today or to show if there is an employment relationship. There are differences between employees and independent contractors, an independent contractor is a person who agrees to deliver a certain outcome whereas an employee, who must obey instructions from his or her employer in the discharge of his duties, so independent contractor act independently from the principal that hires him.The independent contractor can delegate others to complete the job as the principal is not concerned with how the contractor does it, so long the outcome is achieved. Using control test from the common law, we can determine that Amanda is an employee of the company as the company control her working hours. We are concerned with the nature of the control and the degree of the control – Federal Commissioner of Taxation V J Walter Thompson (Aust) Pty Ltd (1994) Case. In Walter Thompson case, the company hired artists to perform radio plays for advertisements. The High court of Australia found that the producer controlled the actors during rehearsals and performance and held that there is an employment relationship here. Thus , we can use this case to prove that Amanda is an employee of the company. We can use the multi factor test to determine whether Amanda is the...
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...1.Do you feel that Karen is an independent contractor or an employee? What is your rationale for this decision? The differentiation between an independent contractor and an employee is a critical one for any employer to make. Furthermore, this choice can have significant implications for the business regarding additional fees and taxes. In this situation, Karen was initially hired as a temporary employee. Moreover, Karen has functioned as an independent contractor for 5 years. If one were to look at her employment status, they would see that Karen has additional clients outside of the local utility as well as the fact that she has not received benefits or proper tax documentation for this period time. For these reasons, Karen should be classified as an independent contractor for the local utility. 2.What factors do you feel help contribute to Karen being an employee? The IRS generally makes this determination. The IRS uses three characteristics to determine the relationship between businesses and workers, including the concept of behavioral control that covers facts that show whether the business has a right to direct or control how the work is done through instructions, training or other means. In addition, financial control covers facts that show whether the business has a right to direct or control the financial and business aspects of the worker's job. Lastly, the type of relationship factor relates to how the workers and the business owner perceive their relationship...
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...TAX FILE MEMORANDUM SUBJECT: Mr. Aaron Research Independent Contractor vs. Employee Aaron, a resident of Minnesota, has been a driver for Green Delivery Services for the past six years. Aaron leases a truck from Green and his compensation is based on a percentage of the income resulting from his pickup and delivery services. Green allows its drivers to choose their own shift and does not exercise any control over how the services are carried out. In the agreement with Green, it labels its drivers as independent contractors, maintains no health or retirement plans for its drivers, and each year reports the drivers income by issuing Forms 1099-Misc rather than Forms W-2. Lastly, Green requires its drivers to maintain a commercial driver’s license and remain in good standing with the state highway law enforcement division. Issue: The issue in question is whether Aaron should be classified as an employee of Green Delivery Services or if he is an independent contractor and therefore, should be subject to self-employment tax. Section 3121(d) contains three separate and independent tests for determining who employees are. In general one can be classified as an employee if under the usual common law rules the relationship between him and the person for whom he performs services is the legal relationship of employer and employee. Generally such relationship exists when the person for whom services are performed has the right to control and direct the individual...
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...Week 5 -Six Assessed Questions 1. Facts: An English professor puts a comment on a student’s composition which says, “Can’t you write at all? You are writing at a third grade level and will never be able to graduate from this university!” The student is extremely upset and sues the professor for intentional infliction of emotional distress. Issue: Is the English Professor guilty of intentional inflicting emotional distress on the student? Rule: Emotional Distress is a negative emotional reaction. It could be fear, anger, or anxiety caused by another person. Application: The English Professor did write some very ugly comments on the student's paper, but it would be very hard for the student to prove this caused Emotional Distress in court. Also, Emotional Distress is usually used as a defense, not as a way to sue. Had the student been sexually harassed or something of that nature the student would have a much better case. Also, most states do not even consider Emotional Distress in court. Conclusion: The student would not win. At the most the college may terminated the professor. 2. Facts: Dorothy Yu, an employee of Northwest Pipeline Corporation, was found to have in her possession a confidential personnel document that she was not authorized to possess. She admitted possession and identified Enser, who worked in the records department, as the source of the document. Both Yu and Enser were terminated for violating Northwest's confidentiality policy...
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...are not limited to the following: wage rates and benefits working conditions such as job security, workplace safety, temperature, ventilation and other standards, working hours, breaks, vacations, worker compensation and unemployment benefits discrimination against women, older workers, cultural and religious minorities human rights violations such as child and prison labor environmental standards. As is the case in the United States, the “independent contractor” status can only be supported through clear, legally defensible criteria, such as the amount of control the “contractor” has over the tasks to be achieved, the method the contractor is paid, the freedom of the contractor to work on other contracts simultaneously, and so on. Legally, these criteria are not likely to apply to the foreign workers of companies like Nike, who tend to have limited control over their performance, work long, fixed hours on company premises, and be paid on an hourly or piece rate. Therefore, it would be illegal to classify these workers as “independent contractors”, which exposes MNCs to more problems. Since awareness and expectations of corporate social responsibility are on the rise, good social and moral conduct will be an increasingly important criterion in consumers’ purchasing decisions. Therefore, it is legitimate to consider these statements as advertising messages. Moreover, companies have found that their ethical conduct is also associated with profitability. Reaping economic benefits from...
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...Terms and Regulations of an Independent Contractor Affordable Fun Jumps 1. Independent Contractor Relationship. The parties agree and acknowledge that the relationship of the contractor with Affordable Fun Jumps hereunder is that of an independent contractor and any and all services performed or provided by the contractor hereunder shall be performed or provided by it in such capacity. The contractor shall in no way and for no purpose hereunder be considered an agent, servant, employee, partner or co-venturer of Affordable Fun Jumps or be deemed to hold any relationship with Affordable Fun Jumps other than that of an independent contractor. Neither the contractor nor its substitute drivers, employees, helpers, or servants are to be considered employees of Affordable Fun Jumps at any time, under any circumstances or for any purpose. Affordable Fun Jumps agrees and acknowledges that it shall have no right to direct or control the details or methods by which the contractor performs its services hereunder, and that Affordable Fun Jumps shall be concerned only with the results accomplished by the services performed by the contractor and not with the means with which those results are accomplished. Contractor shall be solely responsible for the direction and control of its substitute drivers, employees, helpers, agents or servants, including selecting, hiring, firing, supervision, directing, servicing accepted routes, setting wages, hour of work, performance standards,...
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