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?
Kings New York Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legally binding document that outlines the terms and conditions of the professional relationship between two parties. This particular agreement is specifically tailored for counselors and therapists operating in the Kings New York area who wish to collaborate as independent contractors or establish a solo practice. The agreement covers various aspects of the working arrangement, ensuring clarity and protection for both the licensed counselor and therapist. It highlights the roles and responsibilities of each party, confidentiality and privacy obligations, financial arrangements, termination clauses, and dispute resolution procedures. By entering into this agreement, both the licensed counselor and therapist demonstrate their commitment to maintaining high ethical standards and providing quality mental health services to their clients. The specific details of this agreement may vary depending on factors such as the type of therapy practiced, the duration of the partnership, and other individual requirements. Kings New York may have different types of independent contractor agreements available depending on the specific focus of the licensed counselor and therapist's practice. Some possible variations could include: 1. Kings New York Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing in Marriage and Family Therapy: This agreement would cater to professionals specializing in providing counseling services for couples and families, addressing topics such as communication, conflict resolution, and familial dynamics. 2. Kings New York Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing in Substance Abuse Counseling: This agreement would be specifically designed for practitioners who specialize in helping individuals overcome addiction and substance abuse issues, perhaps incorporating elements such as relapse prevention and support group involvement. 3. Kings New York Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing in Trauma-Focused Therapy: This agreement would be best suited for therapists who focus on helping individuals recover from traumatic experiences, utilizing techniques such as cognitive processing therapy, MDR (Eye Movement Desensitization and Reprocessing), and somatic experiencing. It is important for licensed counselors and therapists considering entering into an independent contractor agreement in Kings New York to carefully review and understand the terms and conditions specific to their area of practice and personal circumstances. Seeking legal advice or consulting with professional organizations can also be beneficial to ensure compliance with applicable laws, regulations, and ethical guidelines within the mental health field.
