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.
Title: Oklahoma Self-Employed Independent Contractor Agreement for the Sale of Book Description: Are you a self-employed independent author or publisher in Oklahoma looking to draft a comprehensive agreement for the sale of your book? Look no further! The Oklahoma Self-Employed Independent Contractor Agreement for the Sale of Book provides a legally binding contract to protect both parties involved in the book sale transaction. Keywords: Oklahoma, self-employed, independent contractor agreement, sale of book, legal contract, author, publisher, book sale transaction. Types of Oklahoma Self-Employed Independent Contractor Agreement for the Sale of Book: 1. Standard Agreement: The standard Oklahoma Self-Employed Independent Contractor Agreement for the Sale of Book covers all the essential elements of a typical book sale, including the terms and conditions, payment details, copyright, and intellectual property rights. This agreement ensures a clear understanding between the author and the purchaser, mitigating potential conflicts and ensuring a smooth transaction. 2. Customizable Agreement: For authors or publishers who require specific clauses or terms to be included in the agreement, the Oklahoma Self-Employed Independent Contractor Agreement for the Sale of Book offers a customizable option. This tailored agreement allows parties to add or modify clauses to meet their unique requirements, ensuring a personalized and precise legal contract. 3. Exclusive Distribution Agreement: If an author or publisher wishes to grant exclusive distribution rights to a specific entity or company within Oklahoma, an Exclusive Distribution Agreement can be included within the Self-Employed Independent Contractor Agreement for the Sale of Book. This type of agreement outlines the rights, obligations, and restrictions of the distributor in promoting and selling the book within the designated region. 4. Non-Compete Agreement: To prevent potential conflicts of interest, a Non-Compete Agreement can be added to the Self-Employed Independent Contractor Agreement for the Sale of Book. This agreement restricts the author or publisher from engaging in similar book sales activities or competing with the purchaser within a specific geographic area or for a predetermined duration. By utilizing the Oklahoma Self-Employed Independent Contractor Agreement for the Sale of Book, authors and publishers can establish a clear and legally-binding arrangement that protects their interests while ensuring a successful book sale in compliance with the applicable laws and regulations.Title: Oklahoma Self-Employed Independent Contractor Agreement for the Sale of Book Description: Are you a self-employed independent author or publisher in Oklahoma looking to draft a comprehensive agreement for the sale of your book? Look no further! The Oklahoma Self-Employed Independent Contractor Agreement for the Sale of Book provides a legally binding contract to protect both parties involved in the book sale transaction. Keywords: Oklahoma, self-employed, independent contractor agreement, sale of book, legal contract, author, publisher, book sale transaction. Types of Oklahoma Self-Employed Independent Contractor Agreement for the Sale of Book: 1. Standard Agreement: The standard Oklahoma Self-Employed Independent Contractor Agreement for the Sale of Book covers all the essential elements of a typical book sale, including the terms and conditions, payment details, copyright, and intellectual property rights. This agreement ensures a clear understanding between the author and the purchaser, mitigating potential conflicts and ensuring a smooth transaction. 2. Customizable Agreement: For authors or publishers who require specific clauses or terms to be included in the agreement, the Oklahoma Self-Employed Independent Contractor Agreement for the Sale of Book offers a customizable option. This tailored agreement allows parties to add or modify clauses to meet their unique requirements, ensuring a personalized and precise legal contract. 3. Exclusive Distribution Agreement: If an author or publisher wishes to grant exclusive distribution rights to a specific entity or company within Oklahoma, an Exclusive Distribution Agreement can be included within the Self-Employed Independent Contractor Agreement for the Sale of Book. This type of agreement outlines the rights, obligations, and restrictions of the distributor in promoting and selling the book within the designated region. 4. Non-Compete Agreement: To prevent potential conflicts of interest, a Non-Compete Agreement can be added to the Self-Employed Independent Contractor Agreement for the Sale of Book. This agreement restricts the author or publisher from engaging in similar book sales activities or competing with the purchaser within a specific geographic area or for a predetermined duration. By utilizing the Oklahoma Self-Employed Independent Contractor Agreement for the Sale of Book, authors and publishers can establish a clear and legally-binding arrangement that protects their interests while ensuring a successful book sale in compliance with the applicable laws and regulations.
