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The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.
However, for the most part, under the Federal regulations (and most states including California), a crew member on a film or other similar type production should never be categorized as an independent contractor they are really employees and are subject to federal and state withholding (from their paychecks) as
Producer is retained only for the purposes and to the extent set forth in this agreement, and Producer's relationship to the Agency shall be that of an independent contractor.
An independent contractor is a person who runs a one-owner business. Most independent contractors are sole proprietors who personally own their business and its assets. But an increasing number of independent contractors are forming single-member limited liability companies (SMLLC) to own and operate their businesses.
During President Donald Trump's administration, the DOL issued a final rule clarifying when workers are independent contractors versus employees. The rule applied an economic-reality test that primarily considers whether the worker operates his or her own business or is economically dependent on the hiring entity.
If you work for an employer, you're an employee. If you're self-employed, you're an independent contractor.
What to Include in a ContractThe date the contract begins and when it expires.The names of all parties involved in the transaction.Any key terms and definitions.The products and services included in the transaction.Any payment amounts, project schedules, terms, and billing dates.More items...?
What should be included in a Contractor Agreement?Statement of Relationship.Project Description.Payment and Billing Terms.Responsibilities of Each Party.Project Timeline and Deadlines.Termination Conditions.Nondisclosure Terms, and Confidentiality and Non-Compete Clauses.
As an independent he still has to sign non-compete and non-disclosure agreements. But Cress strongly recommends that producers treat their crew as employees. A payroll service can take care of the taxes, insurance, and legality.
What Should an Independent Contractor Agreement Contain?Terms. This is the first section of any agreement or contract and states the names and locations of the parties involved.Responsibilities & Deliverables.Payment-Related Details.Confidentiality Clause.Contract Termination.Choice of Law.