Although no definite rule exists for determining whether one is an independent contractor or employee, the main issue is the basic issue of control. The general test of what constitutes an independent contractor relationship involves which party has the right to direct what is to be done, and how and when. Another important test involves method of payment of the contractor.
An independent contractor is not an agent of the person he is contracting with. The main way to tell an independent contractor from an agent is the degree of control or supervision that the purported principal has over the agent or independent contractor. If there is no significant supervision over the contractor, there is no agency or liability for the actions of the independent contractor. An agent or an employee is different from an independent contractor. A principal or employer has control over an agent or employee, but not over an independent contractor. A principal or employer does not have control over the work performance of an independent contractor. A principal or employer is not bound by the actions of an independent contractor.
Nebraska Self-Employed Independent Contractor Agreement is a legally binding contract between an owner/operator truck driver and a common carrier company or organization. This agreement outlines the terms and conditions of the working relationship, ensuring the rights and responsibilities of both parties are clearly defined. The agreement specifies that the owner/operator truck driver is an independent contractor rather than an employee of the common carrier company or organization. It emphasizes that the owner/operator is solely responsible for their truck, equipment, maintenance expenses, and any required licenses and insurances. The agreement typically includes several key sections, each addressing a specific aspect of the working relationship: 1. Parties: This section mentions the legal names and contact details of both the owner/operator truck driver and the common carrier company or organization involved in the agreement. 2. Recitals: This part provides an introduction and background information on the context and purpose of the agreement, establishing the mutual understanding between both parties. 3. Term: This section defines the duration of the agreement, such as specifying if it is a fixed-term contract or an ongoing agreement that can be terminated by either party with prior notice. 4. Services: This section outlines the specific services the owner/operator truck driver will provide to the common carrier company or organization and any restrictions on the type of loads, routes, or areas of operation. 5. Compensation: This part details the agreed-upon payment terms, such as rates, frequency, and any additional expenses or reimbursements that the common carrier company or organization will provide to the owner/operator truck driver. 6. Maintenance and Repairs: This section clarifies who is responsible for maintaining and repairing the truck and equipment used by the owner/operator truck driver, along with the reimbursement process if the common carrier company or organization is responsible for any repairs. 7. Insurance: This section highlights the insurance coverage required by the owner/operator truck driver, such as liability, cargo, and workers' compensation insurances, and provides the details of any insurance policies the common carrier company or organization may require them to carry. 8. Indemnification: This part defines the obligations of both parties to indemnify and hold the other harmless from any claims, damages, or liabilities arising from the owner/operator truck driver's operations or any breach of the agreement. 9. Termination: This section outlines the conditions under which either party may terminate the agreement and the required notice period, as well as any penalties or consequences for premature termination. 10. Governing Law: This part specifies that the agreement is governed by the laws of the state of Nebraska, ensuring compliance with local regulations and legal requirements. Different types of Nebraska Self-Employed Independent Contractor Agreements between an owner/operator truck driver and a common carrier company or organization may exist, such as agreements tailored to specific industries (e.g., agricultural product transportation), agreements for multiple truck drivers operating under a single contract, or agreements with special considerations for subcontracting or joint ventures. The specific terms and clauses of the agreement may vary depending on the negotiation between the parties and the unique requirements of the owner/operator truck driver and the common carrier company or organization.Nebraska Self-Employed Independent Contractor Agreement is a legally binding contract between an owner/operator truck driver and a common carrier company or organization. This agreement outlines the terms and conditions of the working relationship, ensuring the rights and responsibilities of both parties are clearly defined. The agreement specifies that the owner/operator truck driver is an independent contractor rather than an employee of the common carrier company or organization. It emphasizes that the owner/operator is solely responsible for their truck, equipment, maintenance expenses, and any required licenses and insurances. The agreement typically includes several key sections, each addressing a specific aspect of the working relationship: 1. Parties: This section mentions the legal names and contact details of both the owner/operator truck driver and the common carrier company or organization involved in the agreement. 2. Recitals: This part provides an introduction and background information on the context and purpose of the agreement, establishing the mutual understanding between both parties. 3. Term: This section defines the duration of the agreement, such as specifying if it is a fixed-term contract or an ongoing agreement that can be terminated by either party with prior notice. 4. Services: This section outlines the specific services the owner/operator truck driver will provide to the common carrier company or organization and any restrictions on the type of loads, routes, or areas of operation. 5. Compensation: This part details the agreed-upon payment terms, such as rates, frequency, and any additional expenses or reimbursements that the common carrier company or organization will provide to the owner/operator truck driver. 6. Maintenance and Repairs: This section clarifies who is responsible for maintaining and repairing the truck and equipment used by the owner/operator truck driver, along with the reimbursement process if the common carrier company or organization is responsible for any repairs. 7. Insurance: This section highlights the insurance coverage required by the owner/operator truck driver, such as liability, cargo, and workers' compensation insurances, and provides the details of any insurance policies the common carrier company or organization may require them to carry. 8. Indemnification: This part defines the obligations of both parties to indemnify and hold the other harmless from any claims, damages, or liabilities arising from the owner/operator truck driver's operations or any breach of the agreement. 9. Termination: This section outlines the conditions under which either party may terminate the agreement and the required notice period, as well as any penalties or consequences for premature termination. 10. Governing Law: This part specifies that the agreement is governed by the laws of the state of Nebraska, ensuring compliance with local regulations and legal requirements. Different types of Nebraska Self-Employed Independent Contractor Agreements between an owner/operator truck driver and a common carrier company or organization may exist, such as agreements tailored to specific industries (e.g., agricultural product transportation), agreements for multiple truck drivers operating under a single contract, or agreements with special considerations for subcontracting or joint ventures. The specific terms and clauses of the agreement may vary depending on the negotiation between the parties and the unique requirements of the owner/operator truck driver and the common carrier company or organization.
