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?
Riverside, California, is a vibrant city located in the Inland Empire region of Southern California. Known for its beautiful scenery, diverse culture, and thriving economy, Riverside is an ideal location for licensed counselors and therapists to establish their solo practices. An independent contractor agreement between a licensed counselor and therapist and a solo practitioner is an essential legal document that outlines the terms and conditions of their professional relationship. This agreement sets the foundation for a successful collaboration, ensuring that both parties understand their rights, obligations, and responsibilities. Key components of a Riverside California Independent Contractor Agreement include: 1. Identification of Parties: The agreement should clearly state the names, addresses, and contact information of the licensed counselor and therapist practitioner, as well as the solo practitioner. 2. Scope of Services: This section defines the specific counseling or therapy services that the licensed professional will provide as an independent contractor within the solo practitioner's practice. It may include individual counseling, group therapy, assessments, treatment planning, and any additional services agreed upon. 3. Compensation and Billing: The agreement should outline the compensation structure, including the fee split between the licensed counselor and therapist and the solo practitioner. This section may also cover billing procedures, including how clients' payments are collected and distributed. 4. Schedule and Availability: The agreement should specify the working hours and availability of the licensed counselor and therapist within the solo practitioner's practice. It should address whether the licensed professional will have flexibility in creating their own schedule or if specific hours are required. 5. Confidentiality and Privacy: This section addresses the importance of maintaining client confidentiality within the solo practitioner's practice. It may include adherence to HIPAA regulations, non-disclosure agreements, and procedures for safeguarding client records and information. 6. Termination and Dispute Resolution: The agreement should outline the procedures for termination of the contract and the resolution of any disputes that may arise between the licensed counselor and therapist and the solo practitioner. This may include mediation or arbitration clauses. It's important to note that there may be different variations of independent contractor agreements tailored to specific types of counseling or therapy practices in Riverside, California. Some examples include agreements for marriage and family therapists, clinical psychologists, substance abuse counselors, and psychotherapists specializing in specific populations or treatment modalities. Before entering into any independent contractor agreement, it is crucial for both parties to seek legal counsel to ensure compliance with state and local laws, as well as professional ethical standards. A well-drafted agreement promotes a collaborative and mutually beneficial relationship between the licensed counselor and therapist and the solo practitioner, helping to establish a strong foundation for their practice in Riverside, California.
