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 performed, 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.
California Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal document that outlines the terms and conditions for a real estate salesperson to work with a real estate loan broker in the state of California. This agreement establishes the relationship between the salesperson and the broker, defining their roles, responsibilities, and compensation. Keywords: California, real estate salesman, independent contractor agreement, real estate loan broker, terms and conditions, relationship, roles, responsibilities, compensation. Different types of California Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may include: 1. Exclusive Brokerage Agreement: This type of agreement allows the salesperson to exclusively work with a specific real estate loan broker and restricts them from working with other brokers during the agreement period. 2. Non-Exclusive Brokerage Agreement: In this type of agreement, the salesperson can work with multiple real estate loan brokers simultaneously, allowing them to expand their opportunities and work with various clients. 3. Commission Structure Agreement: This agreement defines the salesperson's commission structure, specifying the percentage or amount they will receive for each successful real estate loan transaction facilitated by their efforts. 4. Termination Agreement: A termination agreement outlines the conditions under which the agreement between the salesperson and the real estate loan broker can be terminated, either by mutual consent or due to specific breach of contract. 5. Confidentiality Agreement: This type of agreement ensures that any confidential information shared between the salesperson and the real estate loan broker remains confidential and is not disclosed to third parties without proper authorization. 6. Non-Compete Agreement: It prevents the salesperson from engaging in any competing activities or working with other brokers in the same geographic area or niche during or after the agreement period. 7. Marketing Agreement: This agreement specifies the marketing strategies and resources the real estate loan broker will provide to support the salesperson's efforts in promoting and selling loan services to clients. 8. Indemnification Agreement: This agreement holds the real estate loan broker harmless from any claims, damages, or liabilities arising from the salesperson's actions or omissions during their engagement. In conclusion, the California Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial document that establishes the framework for a mutually beneficial relationship between a real estate salesperson and a real estate loan broker. It protects the rights of both parties and ensures a clear understanding of their roles, responsibilities, and compensation.
