Although no definite rule exists for determining whether one is an independent contractor or employee, the main issue is the basic issue of control. The general test of what constitutes an independent contractor relationship involves which party has the right to direct what is to be done, and how and when. Another important test involves method of payment of the contractor.
An independent contractor is not an agent of the person he is contracting with. The main way to tell an independent contractor from an agent is the degree of control or supervision that the purported principal has over the agent or independent contractor. If there is no significant supervision over the contractor, there is no agency or liability for the actions of the independent contractor. An agent or an employee is different from an independent contractor. A principal or employer has control over an agent or employee, but not over an independent contractor. A principal or employer does not have control over the work performance of an independent contractor. A principal or employer is not bound by the actions of an independent contractor.
A Wyoming Self-Employed Independent Contractor Agreement Between an Owner/Operator Truck Driver and a Common Carrier Company or Organization is a legally binding document that outlines the terms and conditions of a working relationship between the truck driver and the company or organization they provide services to. This type of agreement is specific to the state of Wyoming and is relevant to self-employed truck drivers who act as independent contractors. Keywords relevant to this agreement include "Wyoming," "self-employed," "independent contractor," "owner/operator," "truck driver," and "common carrier company or organization." Each of these keywords highlights key aspects of the agreement. The agreement is typically divided into several sections, covering various essential elements of the working relationship. The specific types of Wyoming Self-Employed Independent Contractor Agreements Between an Owner/Operator Truck Driver and a Common Carrier Company or Organization may vary in terms of their structure, content, and provisions as they are tailored to meet the specific needs and circumstances of the parties involved. Therefore, different types of agreements may have slightly different names to indicate their specific nature or purpose. Some sections that are commonly included in this type of agreement are as follows: 1. Parties: This section identifies the parties involved in the agreement, i.e., the owner/operator truck driver and the common carrier company or organization. Their legal names, addresses, and contact details are specified. 2. Agreement Background: This section provides a brief overview of the agreement, including its purpose and the nature of the relationship between the parties. 3. Term and Termination: This section outlines the duration of the agreement and the conditions under which it can be terminated by either party. 4. Services and Compensation: Here, the scope of services to be provided by the owner/operator truck driver is defined. This may include details about the type of freight to be transported, delivery schedules, and any additional services required. The compensation structure, such as rates, payment terms, and any other applicable fees or expenses, is also specified. 5. Independent Contractor Relationship: This section establishes the independent contractor status of the truck driver and clarifies that no employer-employee relationship is created by the agreement. It outlines the rights and responsibilities of both parties in this context. 6. Compliance with Laws and Regulations: Here, the agreement emphasizes the truck driver's obligation to comply with all relevant federal, state, and local laws, rules, and regulations related to the transportation industry, including licensing, insurance, and safety requirements. 7. Insurance and Liability: This section addresses the insurance coverage requirements for the owner/operator truck driver, including liability, cargo, and workers' compensation insurance. It also outlines any indemnification clauses that may exist. 8. Confidentiality and Non-Disclosure: If necessary, this section governs the protection of sensitive or confidential information exchanged between the parties during the course of their collaboration. 9. Dispute Resolution: In the event of a dispute arising from the agreement, this section specifies the procedures and mechanisms for resolving such disputes, including mediation or arbitration. It is important to consult with an attorney who specializes in transportation law to ensure that all necessary and relevant provisions are included in the agreement and that it complies with Wyoming state laws and regulations.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
