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 performed, 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.
Nebraska Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that establishes the professional relationship between a real estate salesperson and a real estate loan broker in the state of Nebraska. This agreement outlines the specific terms and conditions under which the salesperson will work as an independent contractor for the loan broker. The agreement typically highlights the roles and responsibilities of the salesperson and the loan broker, ensuring both parties are on the same page in terms of their obligations. It covers important aspects such as compensation, commissions, and any potential expenses incurred by the salesperson while performing their duties. This contract also includes provisions for agreed-upon hours of work, termination clauses, and confidentiality agreements. Different types of Nebraska Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker may include variations based on the specific goals, needs, or circumstances of the real estate salesperson and the loan broker. Some potential variations could be: 1. Commission-Based Agreement: This type of agreement specifies that the salesperson will be compensated based on a percentage of the sales they generate or a set commission rate for each successful transaction. 2. Exclusive Sales Agreement: This agreement may outline that the salesperson will exclusively work for the loan broker, thus prohibiting them from working with other loan brokers or engaging in independent real estate sales activities. 3. Non-Compete Agreement: This type of agreement restricts the salesperson from engaging in any real estate sales activities with competing loan brokers for a specific duration after the termination of the contract. 4. Part-Time Agreement: This agreement specifies that the salesperson will work for the loan broker on a part-time basis, indicating the number of hours per week or specific days the salesperson will be available for work. 5. Territory-Specific Agreement: If the loan broker operates in multiple regions or territories, this agreement may define the specific areas or regions in which the salesperson will operate. It is important for both parties to carefully review and understand all terms and conditions stated in the Nebraska Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker before entering into this legally binding contract. By doing so, the interests of both the real estate salesperson and the loan broker are protected, ensuring a professional and successful working relationship in the real estate industry.Nebraska Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that establishes the professional relationship between a real estate salesperson and a real estate loan broker in the state of Nebraska. This agreement outlines the specific terms and conditions under which the salesperson will work as an independent contractor for the loan broker. The agreement typically highlights the roles and responsibilities of the salesperson and the loan broker, ensuring both parties are on the same page in terms of their obligations. It covers important aspects such as compensation, commissions, and any potential expenses incurred by the salesperson while performing their duties. This contract also includes provisions for agreed-upon hours of work, termination clauses, and confidentiality agreements. Different types of Nebraska Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker may include variations based on the specific goals, needs, or circumstances of the real estate salesperson and the loan broker. Some potential variations could be: 1. Commission-Based Agreement: This type of agreement specifies that the salesperson will be compensated based on a percentage of the sales they generate or a set commission rate for each successful transaction. 2. Exclusive Sales Agreement: This agreement may outline that the salesperson will exclusively work for the loan broker, thus prohibiting them from working with other loan brokers or engaging in independent real estate sales activities. 3. Non-Compete Agreement: This type of agreement restricts the salesperson from engaging in any real estate sales activities with competing loan brokers for a specific duration after the termination of the contract. 4. Part-Time Agreement: This agreement specifies that the salesperson will work for the loan broker on a part-time basis, indicating the number of hours per week or specific days the salesperson will be available for work. 5. Territory-Specific Agreement: If the loan broker operates in multiple regions or territories, this agreement may define the specific areas or regions in which the salesperson will operate. It is important for both parties to carefully review and understand all terms and conditions stated in the Nebraska Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker before entering into this legally binding contract. By doing so, the interests of both the real estate salesperson and the loan broker are protected, ensuring a professional and successful working relationship in the real estate industry.
