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.
A Kentucky Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legal document that outlines the terms and conditions of the working relationship between a real estate salesperson and a real estate loan broker in the state of Kentucky. This agreement serves as a binding contract that sets out the specific obligations, responsibilities, and rights of both parties involved. The primary purpose of this agreement is to establish the independent contractor status of the real estate salesperson, who acts as a sales agent working on behalf of the real estate loan broker. It clarifies that the real estate salesperson is not an employee but an independent contractor, responsible for their own taxes, insurance, and other expenses. Some important provisions that should be included in a Kentucky Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker are: 1. Identification and Contact Information: This section specifies the names and addresses of the real estate salesperson and the real estate loan broker. 2. Term and Termination: The agreement should state the effective date and the duration for which the agreement will be in effect. It should also outline the conditions under which either party can terminate the agreement. 3. Independent Contractor Relationship: This section highlights the independent contractor relationship between the parties and clarifies that the real estate salesperson is not an employee of the real estate loan broker. 4. Obligations of the Real Estate Salesperson: This section sets forth the duties and responsibilities of the real estate salesperson, including client prospecting, lead generation, marketing, and property showings. 5. Compensation and Commission: The agreement should detail the commission structure and payment terms. It should specify the percentage or amount of commission the real estate salesperson will receive for successful real estate transactions. 6. Expenses: This section outlines which party is responsible for covering specific expenses, such as marketing materials, transportation, and insurance. 7. Confidentiality: This provision ensures that any confidential information shared during the course of the agreement remains confidential and cannot be disclosed to third parties. 8. Compliance with Laws and Regulations: The agreement should state that both parties will abide by all applicable laws and regulations governing the real estate industry in Kentucky. 9. Dispute Resolution: This clause outlines the procedures for resolving any disputes that may arise between the parties, such as mediation or arbitration. Different types or variations of a Kentucky Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker may include specific provisions tailored to the unique requirements or circumstances of the parties involved. Some agreements may include non-compete clauses, which restrict the real estate salesperson from working with competing brokers for a specified period after the termination of the agreement. Additionally, agreements may differ in terms of commission rates, expense sharing arrangements, or termination conditions. It is essential to carefully review and customize the agreement to accurately reflect the intentions and expectations of both parties.A Kentucky Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legal document that outlines the terms and conditions of the working relationship between a real estate salesperson and a real estate loan broker in the state of Kentucky. This agreement serves as a binding contract that sets out the specific obligations, responsibilities, and rights of both parties involved. The primary purpose of this agreement is to establish the independent contractor status of the real estate salesperson, who acts as a sales agent working on behalf of the real estate loan broker. It clarifies that the real estate salesperson is not an employee but an independent contractor, responsible for their own taxes, insurance, and other expenses. Some important provisions that should be included in a Kentucky Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker are: 1. Identification and Contact Information: This section specifies the names and addresses of the real estate salesperson and the real estate loan broker. 2. Term and Termination: The agreement should state the effective date and the duration for which the agreement will be in effect. It should also outline the conditions under which either party can terminate the agreement. 3. Independent Contractor Relationship: This section highlights the independent contractor relationship between the parties and clarifies that the real estate salesperson is not an employee of the real estate loan broker. 4. Obligations of the Real Estate Salesperson: This section sets forth the duties and responsibilities of the real estate salesperson, including client prospecting, lead generation, marketing, and property showings. 5. Compensation and Commission: The agreement should detail the commission structure and payment terms. It should specify the percentage or amount of commission the real estate salesperson will receive for successful real estate transactions. 6. Expenses: This section outlines which party is responsible for covering specific expenses, such as marketing materials, transportation, and insurance. 7. Confidentiality: This provision ensures that any confidential information shared during the course of the agreement remains confidential and cannot be disclosed to third parties. 8. Compliance with Laws and Regulations: The agreement should state that both parties will abide by all applicable laws and regulations governing the real estate industry in Kentucky. 9. Dispute Resolution: This clause outlines the procedures for resolving any disputes that may arise between the parties, such as mediation or arbitration. Different types or variations of a Kentucky Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker may include specific provisions tailored to the unique requirements or circumstances of the parties involved. Some agreements may include non-compete clauses, which restrict the real estate salesperson from working with competing brokers for a specified period after the termination of the agreement. Additionally, agreements may differ in terms of commission rates, expense sharing arrangements, or termination conditions. It is essential to carefully review and customize the agreement to accurately reflect the intentions and expectations of both parties.
