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?
Los Angeles California Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner An Independent Contractor Agreement is a legal document that outlines the terms and conditions between two parties: a licensed counselor and therapist who is seeking services, and a licensed counselor and therapist who is operating as a solo practitioner. This agreement is specific to the region of Los Angeles, California, and encompasses the unique aspects of the independent contractor relationship in this location. In Los Angeles, California, there are various types of Independent Contractor Agreements between licensed counselors and therapists who practice as solo practitioners. These can include: 1. Standard Independent Contractor Agreement: — This agreement sets out the basic terms and conditions between the licensed counselor and the therapist practicing as a solo practitioner. — It defines the scope of services to be provided by the independent contractor, such as counseling, therapy, and related services. — It outlines the payment terms, which may include a fixed fee, hourly rate, or a percentage of the therapist's income from clients referred by the independent contractor. — It establishes the duration of the agreement, termination clauses, and any non-compete or non-solicitation provisions. 2. Referral Independent Contractor Agreement: — Los Angeles's dynamic counseling and therapy market often requires therapists to work together and refer clients to each other. — This agreement focuses on outlining the terms and conditions of referrals made between licensed counselors and therapists practicing as solo practitioners. — It defines the process of referral, the commission or compensation structure for successful referrals, and any exclusivity or limitations surrounding these referrals. 3. Cross-Referral Partnership Agreement: — Los Angeles is home to an expansive network of diverse therapists with varying specializations. — This agreement establishes a partnership between licensed counselors and therapists practicing as solo practitioners. — It outlines the cross-referral process, benefits, obligations, and shared expenses between the parties involved. — It may include provisions regarding the client's rights to choose a therapist, clarity on each therapist's area of expertise, and any necessary privacy or confidentiality agreements. 4. Clinical Supervision Independent Contractor Agreement: — Many therapists in Los Angeles seek clinical supervision as a part of their professional development and licensing requirements. — This agreement focuses on the relationship between a licensed counselor who provides clinical supervision services and a therapist practicing as a solo practitioner seeking supervision. — It outlines the supervision process, frequency, fees, and expectations for the supervision sessions, along with any limitations or restrictions. The Los Angeles California Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner, regardless of the type, is paramount to ensure a harmonious working relationship, define responsibilities, and protect the rights of both parties involved. It is always recommended consulting with legal professionals when creating or signing any independent contractor agreement to ensure compliance with local laws and regulations.
