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.
Nevada Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that outlines the rights, responsibilities, and obligations between a real estate salesperson and a real estate loan broker in the state of Nevada. This agreement is crucial in establishing a clear and transparent relationship between the two parties involved. Keywords: Nevada, real estate, salesman, independent contractor agreement, real estate loan broker Types of Nevada Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Commission-Based Agreement: This type of agreement specifies that the real estate salesperson will receive a commission based on the successful sales or transactions facilitated by their efforts. The agreement should clearly state the commission percentage or fee structure agreed upon by both parties. 2. Exclusive Agreement: An exclusive agreement means that the real estate salesperson is exclusively representing and working under the real estate loan broker. This agreement restricts the salesperson from representing or working with any other loan broker or agency during the duration of the agreement. 3. Non-Exclusive Agreement: In contrast to an exclusive agreement, a non-exclusive agreement allows the real estate salesperson to work with multiple real estate loan brokers or agencies simultaneously. This type of agreement gives the salesperson more flexibility in their business dealings. 4. Duration Agreement: A duration agreement determines the length of time for which the real estate salesperson will work with the real estate loan broker. This agreement can be for a fixed term, such as one year, or for an indefinite period, subject to termination by either party with prior notice. 5. Compensation Agreement: This type of agreement specifies the payment terms and conditions, including when and how the real estate salesperson will be compensated for their services. The agreement may outline the frequency of payments, such as monthly, bi-monthly, or upon completion of a transaction. 6. Confidentiality Agreement: A confidentiality agreement ensures that sensitive business information, client data, and trade secrets are protected. This type of agreement prevents the real estate salesperson from disclosing confidential information to third parties or using it for personal gain. Ultimately, a Nevada Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is essential for establishing a professional relationship between a real estate salesperson and a real estate loan broker. By clearly outlining the terms and conditions, this agreement helps mitigate any misunderstandings or disputes that may arise during their collaboration.Nevada Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that outlines the rights, responsibilities, and obligations between a real estate salesperson and a real estate loan broker in the state of Nevada. This agreement is crucial in establishing a clear and transparent relationship between the two parties involved. Keywords: Nevada, real estate, salesman, independent contractor agreement, real estate loan broker Types of Nevada Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Commission-Based Agreement: This type of agreement specifies that the real estate salesperson will receive a commission based on the successful sales or transactions facilitated by their efforts. The agreement should clearly state the commission percentage or fee structure agreed upon by both parties. 2. Exclusive Agreement: An exclusive agreement means that the real estate salesperson is exclusively representing and working under the real estate loan broker. This agreement restricts the salesperson from representing or working with any other loan broker or agency during the duration of the agreement. 3. Non-Exclusive Agreement: In contrast to an exclusive agreement, a non-exclusive agreement allows the real estate salesperson to work with multiple real estate loan brokers or agencies simultaneously. This type of agreement gives the salesperson more flexibility in their business dealings. 4. Duration Agreement: A duration agreement determines the length of time for which the real estate salesperson will work with the real estate loan broker. This agreement can be for a fixed term, such as one year, or for an indefinite period, subject to termination by either party with prior notice. 5. Compensation Agreement: This type of agreement specifies the payment terms and conditions, including when and how the real estate salesperson will be compensated for their services. The agreement may outline the frequency of payments, such as monthly, bi-monthly, or upon completion of a transaction. 6. Confidentiality Agreement: A confidentiality agreement ensures that sensitive business information, client data, and trade secrets are protected. This type of agreement prevents the real estate salesperson from disclosing confidential information to third parties or using it for personal gain. Ultimately, a Nevada Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is essential for establishing a professional relationship between a real estate salesperson and a real estate loan broker. By clearly outlining the terms and conditions, this agreement helps mitigate any misunderstandings or disputes that may arise during their collaboration.
