An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her 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. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time?
" Does the worker make his or her services available to the general public?
A Massachusetts Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legally-binding document that establishes the working relationship between two independent professionals in the field of counseling and therapy. It outlines the terms and conditions under which the counselor and therapist will collaborate, ensuring clarity and protection for both parties. This agreement is specifically designed for licensed counselors and therapists who operate as independent contractors and practice as solo practitioners in the state of Massachusetts. There may be variations of this agreement based on specific circumstances or arrangements between the parties involved. Some common types of Massachusetts Independent Contractor Agreements in this context include: 1. Massachusetts Independent Contractor Agreement for Counseling Services: This agreement is tailored to licensed counselors and therapists who provide counseling services to clients without being employed by an organization. It covers the scope of services, responsibilities, payment terms, confidentiality, and termination provisions. 2. Massachusetts Independent Contractor Agreement for Therapy Services: This agreement is similar to the counseling services agreement but specifically focuses on therapists who provide therapeutic services to individuals or groups. It includes provisions related to the therapeutic approach used, treatment modalities, client records, and any specific regulations governing therapy practices in Massachusetts. 3. Massachusetts Independent Contractor Agreement for Clinical Supervision: This agreement is appropriate for licensed counselors or therapists who provide clinical supervision to other professionals seeking to obtain or maintain licensure in Massachusetts. It outlines the supervisory relationship, obligations of the supervisor and supervised, fees, and any requirements set forth by the licensing board. 4. Massachusetts Independent Contractor Agreement for Consultation Services: This agreement is suitable for licensed counselors and therapists who offer consultation services to fellow professionals, organizations, or educational institutions. It defines the scope of consultation, deliverables, fees, and intellectual property rights, if applicable. Regardless of the specific type of Massachusetts Independent Contractor Agreement, it is essential to include provisions related to confidentiality, liability and indemnification, dispute resolution, non-solicitation, and any relevant state laws or regulations. Consulting with legal professionals experienced in Massachusetts counseling and therapy practices is highly recommended ensuring compliance with local laws and regulations.
