An independent contractor is a person or business who performs services for another person pursuant to 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 his/her 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. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time?
" Does the worker make his or her services available to the general public?
Bronx, New York, is a borough in the city of New York. As an independent contractor agreement between licensed counselors and therapists in Bronx, there are different types of agreements that can be established between a therapist and a solo practitioner. These agreements outline the terms and conditions under which the counselor or therapist operates their practice and the relationship between the parties involved. One type of Bronx New York independent contractor agreement is a "Referral Agreement." In this arrangement, the licensed counselor or therapist agrees to refer clients to the solo practitioner in exchange for certain benefits or compensation. This type of agreement can be beneficial for solo practitioners seeking to expand their client base and for licensed counselors or therapists who want to ensure a steady stream of referrals. Another type of agreement is the "Space Sharing Agreement." This agreement allows a solo practitioner to share office space with a licensed counselor or therapist. It outlines the terms of the space sharing arrangement, including responsibilities for rent, utilities, and access to shared facilities. This type of agreement enables both parties to reduce costs and maximize the use of resources. A "Supervision Agreement" is yet another type of independent contractor agreement that may be practiced in Bronx. This agreement is established when a licensed counselor or therapist seeks supervision from a solo practitioner for their professional development or to fulfill specific licensing requirements. The agreement outlines the scope of supervision, the frequency of meetings, and any compensation involved. The main purpose of an independent contractor agreement is to clearly define the relationship between the licensed counselor and therapist and the solo practitioner, regardless of the specific type of agreement. It typically covers important aspects such as the duration of the agreement, compensation and billing procedures, confidentiality, liability, termination clause, and any applicable state or local laws. It is important for all parties involved to carefully review and negotiate the terms of the agreement to protect their rights and interests. Consulting with an attorney well-versed in independent contractor agreements for counselors and therapists in Bronx, New York can help ensure that the agreement is comprehensive and compliant with legal requirements. In conclusion, Bronx New York independent contractor agreements between licensed counselors and therapists and solo practitioners are diverse and can vary based on the specific nature of the arrangement. The different types of agreements discussed above illustrate the flexibility and options available for licensed counselors and therapists practicing as solo practitioners in Bronx, New York.
