An independent contractor is a person or business who performs services for another person under 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 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.
One of the most important considerations is the degree of control exercised by the company over the work of the workers. 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.
Liquidated damages (paragraph 8 of the form) may be incorporated as a clause in a contract when the parties to a contract agree to the payment of a certain sum as a fixed and agreed upon payment for not doing certain things particularly mentioned in the agreement. It is the amount of money specified in a contract to be awarded in the event that the agreement is violated, often when the actual damages are difficult to determine with specificity.
New Hampshire Employment Agreement Between a Bartender — as Self-Employed Independent Contractor — and a Business that Supplies Bartenders to Parties and Special Events Keywords: New Hampshire, employment agreement, bartender, self-employed, independent contractor, business, parties, special events Introduction: An employment agreement lays the foundation for a successful working relationship between a bartender, working as a self-employed independent contractor, and a business that supplies bartenders to parties and special events in the state of New Hampshire. This agreement ensures that both parties understand their rights, responsibilities, and obligations. 1. Agreement Types: a. Standard New Hampshire Employment Agreement Between a Bartender and a Business: This agreement outlines the general terms and conditions of the bartender's engagement with the business. It covers crucial aspects such as compensation, working hours, duties and responsibilities, termination clauses, and more. b. New Hampshire Employment Agreement for Parties: This agreement focuses specifically on bartenders hired for parties and ensures that all necessary details such as location, date, working hours, payment terms, and responsibilities related to the event are explicitly stated. c. New Hampshire Employment Agreement for Special Events: Similar to the party agreement, this agreement addresses bartenders hired for special events. It covers specific event-related obligations, additional staff requirements, dress code, specialized drink preparation, and any event-specific provisions. 2. Contractual Clauses: a. Compensation: Clearly specifies the agreed-upon compensation structure, whether it be hourly wages, tips, or a combination thereof. It also outlines the payment schedule and any additional bonuses or gratuities. b. Independent Contractor Status: Clearly defines the bartender's status as a self-employed independent contractor rather than an employee, outlining the associated rights and responsibilities they assume. This includes tax obligations, liability for work-related injuries, and the understanding that they are responsible for their own equipment. c. Working Hours and Overtime: Covers the expected working hours, including both regular shifts and potential overtime. It clarifies the method of calculating overtime pay, if applicable, and any limitations on consecutive working hours. d. Duties and Responsibilities: Defines the bartender's scope of work, including cocktail preparation, customer service, cleanliness, adherence to alcohol service regulations, and maintenance of necessary licenses and certifications. e. Confidentiality and Non-Disclosure: Ensures that the bartender maintains strict confidentiality regarding any internal business information they may come across during their engagement and prohibits them from disclosing such information to third parties. f. Termination: Outlines the grounds for termination, notice periods, and any financial implications associated with early termination by either party. It also addresses the return of business property, if applicable. g. Indemnification and Liability: States that the bartender assumes responsibility for their actions and any damages or losses resulting from their negligence or misconduct during their engagement. h. Applicable Law and Jurisdiction: Specifies that the agreement is governed by the laws of New Hampshire and that any disputes will be settled in the appropriate state courts. Conclusion: A New Hampshire Employment Agreement between a bartender and a business providing bartenders for parties and special events establishes a legally binding employment relationship. These agreements protect the rights and interests of both parties, promote clarity, and provide a framework for a successful and professional engagement.
