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?
Palm Beach, Florida, Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner In Palm Beach, Florida, independent contractor agreements serve as legally binding agreements between licensed counselors and therapists practicing as solo practitioners. These agreements outline the terms and conditions of their professional relationship, ensuring clarity and protection for both parties involved. One type of Palm Beach, Florida, independent contractor agreement is the "General Independent Contractor Agreement." This agreement is typically used when a licensed counselor and therapist choose to work together independently, sharing office space and resources but maintaining separate practices. Another type of independent contractor agreement is the "Referral Agreement." This agreement comes into play when a licensed counselor and therapist refer clients to each other. While each party operates as a solo practitioner, they collaborate to support their client's needs through these referrals, fostering a collaborative relationship while maintaining independence. Keywords: Palm Beach, Florida, independent contractor agreement, licensed counselor, therapist, solo practitioner, General Independent Contractor Agreement, Referral Agreement
