An independent contractor is a person or business who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The person who hires an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays their own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. No one factor is controlling, and the characterization of the relationship by the parties is also not controlling.
One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work peformed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees. Whether or not such control was exercised is not the determining factor, it is the right to control which is key.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
Also, an independent contractor is more likely to be subject to the risk of taking a profit or loss in the work performed. An employee is generally paid on an hourly, salary, or commission basis, whereas an independent contractor is ordinarily paid an agreed amount, or according to an agreed formula, for a given job.
A Sacramento, California Self-Employed Independent Contractor Agreement for the Sale of Book is a legal document that outlines the terms and conditions between a self-employed individual and a client for the sale of a book. This agreement ensures that both parties are protected and their rights and responsibilities are clearly defined. Keywords: Sacramento, California, self-employed, independent contractor, agreement, sale of book, legal document, terms and conditions, client, protected, rights, responsibilities. Types of Self-Employed Independent Contractor Agreements for the Sale of Book in Sacramento, California: 1. Standard Self-Employed Independent Contractor Agreement: This agreement establishes the basic terms and conditions for the sale of a book between a self-employed author and a client in Sacramento, California. It covers aspects such as book description, pricing, payment terms, delivery method, and intellectual property rights. 2. Exclusive Distribution Self-Employed Independent Contractor Agreement: This type of agreement is suitable when a self-employed author wants to exclusively distribute their book through a specific client in Sacramento, California. It outlines the exclusivity terms, marketing and promotional activities, distribution channels, and restrictions. 3. Non-Exclusive Distribution Self-Employed Independent Contractor Agreement: This agreement is used when a self-employed author wants to sell their book through multiple clients in Sacramento, California. It specifies the non-exclusive distribution rights, royalties or commissions, responsibilities of each party, and any territorial restrictions. 4. Commission-Based Self-Employed Independent Contractor Agreement: This type of agreement is beneficial when a self-employed author engages a sales representative or agent in Sacramento, California to sell their book. It defines the commission structure, sales targets, reporting requirements, and termination clauses. 5. Ghostwriting Self-Employed Independent Contractor Agreement: This agreement is tailored for self-employed ghostwriters in Sacramento, California. It includes provisions regarding confidentiality, ownership of the written content, payment terms, and deadlines. 6. Work-for-Hire Self-Employed Independent Contractor Agreement: This type of agreement is used when a self-employed author is hired to write a book on behalf of a client in Sacramento, California. It determines the ownership of the book, payment structure, deadlines, and any additional services to be provided. In summary, a Sacramento, California Self-Employed Independent Contractor Agreement for the Sale of Book is a customized legal document that ensures a clear understanding between a self-employed author and a client. These agreements safeguard the rights and responsibilities of both parties involved in the sale of a book.A Sacramento, California Self-Employed Independent Contractor Agreement for the Sale of Book is a legal document that outlines the terms and conditions between a self-employed individual and a client for the sale of a book. This agreement ensures that both parties are protected and their rights and responsibilities are clearly defined. Keywords: Sacramento, California, self-employed, independent contractor, agreement, sale of book, legal document, terms and conditions, client, protected, rights, responsibilities. Types of Self-Employed Independent Contractor Agreements for the Sale of Book in Sacramento, California: 1. Standard Self-Employed Independent Contractor Agreement: This agreement establishes the basic terms and conditions for the sale of a book between a self-employed author and a client in Sacramento, California. It covers aspects such as book description, pricing, payment terms, delivery method, and intellectual property rights. 2. Exclusive Distribution Self-Employed Independent Contractor Agreement: This type of agreement is suitable when a self-employed author wants to exclusively distribute their book through a specific client in Sacramento, California. It outlines the exclusivity terms, marketing and promotional activities, distribution channels, and restrictions. 3. Non-Exclusive Distribution Self-Employed Independent Contractor Agreement: This agreement is used when a self-employed author wants to sell their book through multiple clients in Sacramento, California. It specifies the non-exclusive distribution rights, royalties or commissions, responsibilities of each party, and any territorial restrictions. 4. Commission-Based Self-Employed Independent Contractor Agreement: This type of agreement is beneficial when a self-employed author engages a sales representative or agent in Sacramento, California to sell their book. It defines the commission structure, sales targets, reporting requirements, and termination clauses. 5. Ghostwriting Self-Employed Independent Contractor Agreement: This agreement is tailored for self-employed ghostwriters in Sacramento, California. It includes provisions regarding confidentiality, ownership of the written content, payment terms, and deadlines. 6. Work-for-Hire Self-Employed Independent Contractor Agreement: This type of agreement is used when a self-employed author is hired to write a book on behalf of a client in Sacramento, California. It determines the ownership of the book, payment structure, deadlines, and any additional services to be provided. In summary, a Sacramento, California Self-Employed Independent Contractor Agreement for the Sale of Book is a customized legal document that ensures a clear understanding between a self-employed author and a client. These agreements safeguard the rights and responsibilities of both parties involved in the sale of a book.
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.
