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Independent contractors are self-employed workers who provide services for an organisation under a contract for services. Independent contractors are not employees and are typically highly skilled, providing their clients with specialist skills or additional capacity on an as needed basis.
Prop 22 was a ballot measure that passed on November 3, 2020. It declares that app-based transportation companies, such as rideshare (i.e. Uber and Lyft) and food delivery companies (i.e. Grubhub), are exempt from AB5 and its drivers are classified as independent contractors.
Like a number of other businesses, physical therapists can organize as a sole proprietor, a partnership or a professional corporation.
The Legislature has added several exceptions to AB 5, including physicians, dentists, podiatrists, veterinarians, and psychologists, but physical therapists are expressly absent from the list.
For most types of projects you hire an independent contractor (IC) to do, the law does not require you to put anything in writing. You can meet with the IC, agree on the terms of your arrangement, and have an oral contract or agreement that is legally binding. Just because you can doesn't mean you should, however.
Because physical therapists and physical therapist assistants provide care directly to patients as contractors, under current law, they can no longer be independent contractors and must be employees unless they meet one of two criteria, recently passed into law under AB 2257.
The contract should state who pays which expenses. The contractor is usually responsible for all expenses including mileage, vehicle maintenance, and other business travel costs; work supplies and tools; licenses, fees, and permits; phone and internet expenses; and payments to employees or subcontractors.
How do I create an Independent Contractor Agreement?State the location.Describe the type of service required.Provide the contractor's and client's details.Outline compensation details.State the agreement's terms.Include any additional clauses.State the signing details.
A. Generally, courts have found that home healthcare employees such as registered nurses, physical therapists, occupational therapists, medical social workers and others with similar duties satisfy the duties requirements of one or more of the exemptions discussed below.