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?
A Nassau New York Independent Contractor Agreement is a legally binding contract between a licensed counselor and therapist, and a licensed counselor and therapist practicing as a solo practitioner. This agreement outlines the terms and conditions of the working relationship between the two parties. In this document, the parties involved define their roles and responsibilities, compensation structure, working hours, and other essential aspects of their professional collaboration. Specific keywords for this Nassau New York Independent Contractor Agreement might include: 1. Licensed counselor and therapist: Referring to professionals who have obtained the necessary licensing and accreditation to practice counseling and therapy in Nassau, New York. 2. Solo practitioner: Signifies that the licensed counselor and therapist is an independent practitioner, managing their own practice without any affiliations or partnerships. 3. Independent contractor: Identifies the nature of the working relationship, where the licensed counselor and therapist will work with the solo practitioner as an independent contractor, rather than being an employee. 4. Compensation: Outlines the agreed-upon financial arrangement for the services provided by the counselor and therapist, including fee structures and payment terms. 5. Obligations and duties: Describes the specific responsibilities and obligations that the licensed counselor and therapist will fulfill as part of the agreement, including maintaining client confidentiality, adhering to ethical guidelines, and providing high-quality counseling services. 6. Termination clause: Details the conditions under which either party can terminate the agreement, such as breach of contract, non-performance, or other specified circumstances. 7. Non-competition and non-disclosure clauses: Includes provisions that restrict the licensed counselor and therapist from engaging in competing activities or disclosing confidential information during and after the agreement concludes. Types of Nassau New York Independent Contractor Agreement between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner: 1. General Independent Contract Agreement: The standard agreement in which a licensed counselor and therapist enter into a working relationship with a solo practitioner, outlining all the necessary terms and conditions. 2. Fee-Sharing Independent Contract Agreement: In cases where the solo practitioner allows the licensed counselor and therapist to share a portion of the fees generated from their counseling sessions. 3. Limited Term Independent Contractor Agreement: A time-limited contract, specifying a fixed duration during which the licensed counselor and therapist will work with the solo practitioner. 4. Renewal Independent Contractor Agreement: An agreement that outlines the renewal terms for the licensed counselor and therapist's ongoing collaboration with the solo practitioner after the initial contract period expires. It is crucial for both parties to carefully review and understand the terms of the Nassau New York Independent Contractor Agreement to ensure a mutually beneficial and legally secure working relationship. Consulting with legal professionals is advisable to craft a comprehensive and customized contract reflecting each party's specific requirements.
