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?
Orange California Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legal document that outlines the terms and conditions between two parties entering into an independent contractor relationship in the field of counseling and therapy. This agreement is specific to the Orange, California region and caters to licensed professionals operating as solo practitioners. A licensed counselor and therapist practicing as a solo practitioner may need to enter into an independent contractor agreement for various reasons. This agreement ensures a clear understanding between the two parties involved and helps protect their rights and responsibilities. Keywords: Orange California, independent contractor agreement, licensed counselor, therapist, solo practitioner, legal document, terms and conditions, counseling, therapy, licensed professionals, parties, understanding, rights, responsibilities. Different Types of Orange California Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner: 1. Standard Independent Contractor Agreement: This type of agreement outlines the general terms and conditions of the independent contractor relationship between a licensed counselor and a therapist practicing solo in Orange, California. It covers aspects such as confidentiality, non-compete clauses, compensation, duration of the agreement, and termination procedures. 2. Exclusive Independent Contractor Agreement: This type of agreement may be suitable when the licensed counselor and therapist decide to work exclusively with one another. It often includes clauses that prevent the counselor and therapist from providing similar services to other clients or entering into similar agreements with other parties. 3. Collaborative Independent Contractor Agreement: In some cases, licensed counselors and therapists practicing as solo practitioners may decide to collaborate on certain projects or cases. This type of agreement outlines the terms and conditions regarding the collaboration, including responsibilities, sharing of fees, confidentiality, and the duration of the collaboration. 4. Subcontractor Independent Contractor Agreement: When a licensed counselor and therapist practicing as a solo practitioner require additional assistance or support, they may hire another licensed professional as a subcontractor. This agreement specifies the roles and responsibilities of the subcontractor, payment terms, and the scope of the work to be performed. Note: The specific terms and conditions of these agreements may vary depending on the preferences and requirements of the parties involved. It is essential to consult with legal professionals experienced in California law before finalizing any type of independent contractor agreement.
