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.
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: Bronx New York Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: Driving & Repairing Tires with Precision Introduction: In the bustling streets of Bronx, New York, self-employed independent contractors form agreements with owners of mobile tire repair services to drive their specialized mobile tire repair trucks and efficiently repair tires for customers in need. This unique collaboration ensures that the neighborhood's tire-related issues are swiftly addressed, guaranteeing safer journeys for motorists and a thriving local economy. Explore the various types of agreements that contractors and owners can establish to provide exceptional tire repair services in Bronx, New York. 1. Agreement for Mobile Tire Repair Truck Operation and Tire Repair: In this Bronx New York agreement between the self-employed independent contractor and the owner of a mobile tire repair service, the contractor assumes responsibility for driving the mobile tire repair truck while simultaneously carrying out tire repairs. The contractor is equipped with the necessary tools and skills to handle tire replacements, patching punctures, inflating tires, and ensuring proper balancing and alignment. This comprehensive agreement offers a one-stop solution for tire repairs and on-the-go maintenance. Keywords: Bronx New York, agreement, self-employed independent contractor, mobile tire repair service, driving, tire repair, truck operation, maintenance, tire replacements, patching punctures, tire inflation, balancing, alignment. 2. Agreement for Mobile Tire Repair Truck Operation Only: Another variant of the Bronx New York agreement involves the self-employed independent contractor being solely responsible for operating the mobile tire repair truck. The contractor ensures the efficient movement of the truck, handles scheduling, customer engagement, and coordinates timely tire repair appointments. They also manage record-keeping, including mileage and fuel expenses, as well as replenish necessary supplies, creating a seamless operational workflow. Keywords: Bronx New York, agreement, self-employed independent contractor, mobile tire repair service, truck operation, scheduling, customer engagement, record-keeping, mileage, fuel expenses, operational workflow. 3. Agreement for Tire Repair Service only (No Truck Operation): This agreement focuses solely on providing exceptional tire repair services to customers in Bronx, New York, without the contractor assuming responsibility for driving the mobile tire repair truck. The self-employed independent contractor is supplied with the necessary tools and equipment, allowing them to work on-site, efficiently repairing tires as per customer demands. They maintain inventory, handle customer inquiries, and manage the repair process with precision. Keywords: Bronx New York, agreement, self-employed independent contractor, tire repair service, tools and equipment, on-site repair, inventory management, customer inquiries, repair process, precision. Conclusion: Within the realm of Bronx, New York, agreements are forged between self-employed independent contractors and mobile tire repair service owners to provide exceptional tire repair services, ensuring the safety and convenience of motorists. Whether the agreement encompasses driving the mobile tire repair truck while performing repairs or focuses solely on operating the truck or offering repair services, these arrangements are versatile and tailored to meet the unique requirements of Bronx, New York's vibrant tire repair industry.Title: Bronx New York Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: Driving & Repairing Tires with Precision Introduction: In the bustling streets of Bronx, New York, self-employed independent contractors form agreements with owners of mobile tire repair services to drive their specialized mobile tire repair trucks and efficiently repair tires for customers in need. This unique collaboration ensures that the neighborhood's tire-related issues are swiftly addressed, guaranteeing safer journeys for motorists and a thriving local economy. Explore the various types of agreements that contractors and owners can establish to provide exceptional tire repair services in Bronx, New York. 1. Agreement for Mobile Tire Repair Truck Operation and Tire Repair: In this Bronx New York agreement between the self-employed independent contractor and the owner of a mobile tire repair service, the contractor assumes responsibility for driving the mobile tire repair truck while simultaneously carrying out tire repairs. The contractor is equipped with the necessary tools and skills to handle tire replacements, patching punctures, inflating tires, and ensuring proper balancing and alignment. This comprehensive agreement offers a one-stop solution for tire repairs and on-the-go maintenance. Keywords: Bronx New York, agreement, self-employed independent contractor, mobile tire repair service, driving, tire repair, truck operation, maintenance, tire replacements, patching punctures, tire inflation, balancing, alignment. 2. Agreement for Mobile Tire Repair Truck Operation Only: Another variant of the Bronx New York agreement involves the self-employed independent contractor being solely responsible for operating the mobile tire repair truck. The contractor ensures the efficient movement of the truck, handles scheduling, customer engagement, and coordinates timely tire repair appointments. They also manage record-keeping, including mileage and fuel expenses, as well as replenish necessary supplies, creating a seamless operational workflow. Keywords: Bronx New York, agreement, self-employed independent contractor, mobile tire repair service, truck operation, scheduling, customer engagement, record-keeping, mileage, fuel expenses, operational workflow. 3. Agreement for Tire Repair Service only (No Truck Operation): This agreement focuses solely on providing exceptional tire repair services to customers in Bronx, New York, without the contractor assuming responsibility for driving the mobile tire repair truck. The self-employed independent contractor is supplied with the necessary tools and equipment, allowing them to work on-site, efficiently repairing tires as per customer demands. They maintain inventory, handle customer inquiries, and manage the repair process with precision. Keywords: Bronx New York, agreement, self-employed independent contractor, tire repair service, tools and equipment, on-site repair, inventory management, customer inquiries, repair process, precision. Conclusion: Within the realm of Bronx, New York, agreements are forged between self-employed independent contractors and mobile tire repair service owners to provide exceptional tire repair services, ensuring the safety and convenience of motorists. Whether the agreement encompasses driving the mobile tire repair truck while performing repairs or focuses solely on operating the truck or offering repair services, these arrangements are versatile and tailored to meet the unique requirements of Bronx, New York's vibrant tire repair industry.
