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?
Nebraska Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner: A Comprehensive Guide Introduction: An independent contractor agreement between a licensed counselor and therapist practicing as a solo practitioner in Nebraska is a legally binding contract that outlines the terms and conditions of their professional association. This agreement clarifies the rights, responsibilities, and working arrangements between the two parties, ensuring a smooth and fair working relationship. Here, we will delve into the key aspects of such an agreement, exploring the different types and relevant keywords associated with it. Types of Independent Contractor Agreements: 1. Nebraska Independent Contractor Agreement for Licensed Counselors: This type of agreement is specifically designed for licensed counselors practicing in Nebraska. It outlines the obligations and expectations between a licensed counselor and therapist who wishes to work independently, either as a contractor or a sole proprietor. The agreement defines the scope of services, payment terms, confidentiality requirements, and termination provisions, among other details. 2. Nebraska Independent Contractor Agreement for Licensed Therapists: Similar to the above agreement, this specific type caters to licensed therapists practicing in Nebraska. It incorporates comprehensive provisions that address the unique considerations and professional requirements of therapists. It covers areas such as client records, treatment plans, informed consent, and adherence to ethical guidelines established by relevant governing bodies. 3. Nebraska Independent Contractor Agreement for Licensed Counselor and Therapist Practicing as a Solo Practitioner: This specific agreement pertains to licensed counselors and therapists who operate as solo practitioners in their respective fields. It encompasses the responsibilities, liabilities, and remuneration pertaining to both counseling and therapy services. It emphasizes the practitioner's autonomy in managing their practice while ensuring compliance with regulations and ethical standards. Key Clauses within the Agreement: 1. Scope of Services: This clause stipulates the services the independent contractor will provide. It defines the nature and limitations of counseling and therapeutic work, specialization areas, and any restrictions on practice imposed by relevant authorities. 2. Payment Terms: This section details the compensation structure, including fee schedules, payment methods, invoicing procedures, and provisions for reimbursable expenses. It may also address issues such as billing procedures and collection practices. 3. Confidentiality and Privacy: This clause underscores the importance of maintaining client confidentiality and privacy. It reflects compliance with state and federal laws governing the protection of client information and establishes procedures for data storage, disclosure, and handling of sensitive information. 4. Termination and Renewal: The agreement typically includes provisions related to termination and renewal. It outlines the duration of the agreement and the conditions under which either party can terminate the contract, ensuring a fair exit strategy while safeguarding clients' well-being. Conclusion: In conclusion, the Nebraska Independent Contractor Agreement between licensed counselors and therapists practicing as solo practitioners plays a crucial role in establishing clear guidelines and expectations for their professional collaboration. By addressing these agreements' key components, such as scope of services, payment terms, confidentiality, and termination provisions, both parties can safeguard their interests and foster a productive working relationship.
