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.
The Hennepin Minnesota Agreement between a self-employed independent contractor and the owner of a mobile tire repair service is a legally binding document that outlines the terms and conditions of their business relationship. It specifically pertains to the contractor's role as a driver of the mobile tire repair truck and their responsibilities in repairing tires for customers. Below are relevant keywords and their descriptions: 1. Hennepin Minnesota: Hennepin County, located in the state of Minnesota, is a vibrant area known for its diverse population, thriving economy, and numerous business opportunities. 2. Agreement: A written contract that establishes the rights and obligations of parties involved in a business arrangement, in this case, the self-employed independent contractor and the owner of the mobile tire repair service. 3. Self-employed: Refers to an individual who works for themselves rather than being an employee of a company. This agreement recognizes the contractor as self-employed, which means they are responsible for their own taxes, insurance, and other business-related expenses. 4. Independent contractor: An individual or business entity that provides services to another business under specific terms and conditions. The independent contractor in this agreement is responsible for driving the mobile tire repair truck and performing tire repairs as required. 5. Owner: The individual or entity that owns the mobile tire repair service. This agreement establishes the owner's role as the party who engages the contractor's services and outlines their rights and responsibilities. 6. Mobile tire repair service: A business that offers on-site tire repair services, typically using a specialized truck equipped with necessary tools and equipment. The agreement specifically refers to the contractor's involvement in driving and operating this mobile tire repair truck. 7. Repair tires: The primary task of the contractor outlined in this agreement is to repair tires for customers. This could involve tire patching, hole sealing, tire balancing, rotation, or other necessary maintenance and repair services as agreed upon between the contractor and the owner. It is important to note that there might not be different types of this specific agreement. However, variations of this agreement may exist depending on specific clauses, terms, or conditions negotiated between the parties involved.The Hennepin Minnesota Agreement between a self-employed independent contractor and the owner of a mobile tire repair service is a legally binding document that outlines the terms and conditions of their business relationship. It specifically pertains to the contractor's role as a driver of the mobile tire repair truck and their responsibilities in repairing tires for customers. Below are relevant keywords and their descriptions: 1. Hennepin Minnesota: Hennepin County, located in the state of Minnesota, is a vibrant area known for its diverse population, thriving economy, and numerous business opportunities. 2. Agreement: A written contract that establishes the rights and obligations of parties involved in a business arrangement, in this case, the self-employed independent contractor and the owner of the mobile tire repair service. 3. Self-employed: Refers to an individual who works for themselves rather than being an employee of a company. This agreement recognizes the contractor as self-employed, which means they are responsible for their own taxes, insurance, and other business-related expenses. 4. Independent contractor: An individual or business entity that provides services to another business under specific terms and conditions. The independent contractor in this agreement is responsible for driving the mobile tire repair truck and performing tire repairs as required. 5. Owner: The individual or entity that owns the mobile tire repair service. This agreement establishes the owner's role as the party who engages the contractor's services and outlines their rights and responsibilities. 6. Mobile tire repair service: A business that offers on-site tire repair services, typically using a specialized truck equipped with necessary tools and equipment. The agreement specifically refers to the contractor's involvement in driving and operating this mobile tire repair truck. 7. Repair tires: The primary task of the contractor outlined in this agreement is to repair tires for customers. This could involve tire patching, hole sealing, tire balancing, rotation, or other necessary maintenance and repair services as agreed upon between the contractor and the owner. It is important to note that there might not be different types of this specific agreement. However, variations of this agreement may exist depending on specific clauses, terms, or conditions negotiated between the parties involved.
