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 peformed, 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.
Also, an independent contractor is more likely to be subject to the risk of taking a profit or loss in the work performed. An employee is generally paid on an hourly, salary, or commission basis, whereas an independent contractor is ordinarily paid an agreed amount, or according to an agreed formula, for a given job.
Nebraska Self-Employed Independent Contractor Agreement for the Sale of Book is a legally binding contract entered into by a self-employed individual in the state of Nebraska who wishes to sell their book(s) and an independent contractor or third-party buyer interested in purchasing the book(s). This agreement outlines the terms and conditions that both parties must adhere to during the sale process. Keywords: 1. Nebraska: Indicates the specific jurisdiction where this independent contractor agreement is applicable. 2. Self-Employed: Refers to an individual who works for themselves and does not have an employer-employee relationship. 3. Independent Contractor: Denotes an individual who is engaged in a mutually agreed-upon contract and is responsible for completing specific tasks or delivering goods/services. 4. Agreement: Highlights the legally binding nature of this document governing the sale of books between the self-employed seller and the independent contractor buyer. 5. Sale of Book: Focuses on the primary purpose of this agreement, which is the transfer of ownership and sale of a book from the seller to the buyer. Types of Nebraska Self-Employed Independent Contractor Agreements for the Sale of Books: 1. Exclusive Sales Agreement: This type of agreement grants the independent contractor exclusive rights to sell the book(s) within a specific territory or timeframe. 2. Non-Exclusive Sales Agreement: This agreement allows the self-employed seller to sell the book(s) to multiple independent contractors simultaneously or during a specific time period. 3. Royalty-based Agreement: This type of agreement entitles the self-employed seller to receive a percentage or fixed amount of royalties from the sale of each book by the independent contractor. 4. One-Time Purchase Agreement: In this agreement, the independent contractor buys specific book(s) from the self-employed seller without any ongoing sales or royalty obligations. 5. Distribution Agreement: This agreement covers the wholesale distribution of the book(s) by the independent contractor, who resells the books to retailers or other third-party buyers. Note: It is important to consult with an attorney or legal professional to ensure the agreement complies with Nebraska state laws and adequately protects the interests of both parties involved.Nebraska Self-Employed Independent Contractor Agreement for the Sale of Book is a legally binding contract entered into by a self-employed individual in the state of Nebraska who wishes to sell their book(s) and an independent contractor or third-party buyer interested in purchasing the book(s). This agreement outlines the terms and conditions that both parties must adhere to during the sale process. Keywords: 1. Nebraska: Indicates the specific jurisdiction where this independent contractor agreement is applicable. 2. Self-Employed: Refers to an individual who works for themselves and does not have an employer-employee relationship. 3. Independent Contractor: Denotes an individual who is engaged in a mutually agreed-upon contract and is responsible for completing specific tasks or delivering goods/services. 4. Agreement: Highlights the legally binding nature of this document governing the sale of books between the self-employed seller and the independent contractor buyer. 5. Sale of Book: Focuses on the primary purpose of this agreement, which is the transfer of ownership and sale of a book from the seller to the buyer. Types of Nebraska Self-Employed Independent Contractor Agreements for the Sale of Books: 1. Exclusive Sales Agreement: This type of agreement grants the independent contractor exclusive rights to sell the book(s) within a specific territory or timeframe. 2. Non-Exclusive Sales Agreement: This agreement allows the self-employed seller to sell the book(s) to multiple independent contractors simultaneously or during a specific time period. 3. Royalty-based Agreement: This type of agreement entitles the self-employed seller to receive a percentage or fixed amount of royalties from the sale of each book by the independent contractor. 4. One-Time Purchase Agreement: In this agreement, the independent contractor buys specific book(s) from the self-employed seller without any ongoing sales or royalty obligations. 5. Distribution Agreement: This agreement covers the wholesale distribution of the book(s) by the independent contractor, who resells the books to retailers or other third-party buyers. Note: It is important to consult with an attorney or legal professional to ensure the agreement complies with Nebraska state laws and adequately protects the interests of both parties involved.