An independent contractor is a person or business who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The person who hires an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays their 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.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. No one factor is controlling, and the characterization of the relationship by the parties is also not controlling.
One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees. Whether or not such control was exercised is not the determining factor, it is the right to control which is key.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
Hillsborough Florida Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that outlines the terms and conditions between a real estate salesperson and an independent contractor agreement with a real estate loan broker in Hillsborough County, Florida. The agreement is designed to establish a professional relationship between the real estate salesperson and the real estate loan broker, defining the rights, roles, and responsibilities of both parties involved. Keywords: 1. Hillsborough Florida: This refers to the specific location where the agreement is applicable, emphasizing the geographical area in which the independent contractor agreement is valid. 2. Real Estate Salesman: This term refers to an individual who is licensed to sell real estate properties and represents clients in real estate transactions. It implies that the agreement is intended for real estate professionals acting as salespersons. 3. Independent Contractor Agreement: This signifies that the salesperson operates as an independent contractor, rather than as an employee, with autonomy in managing their business and services. The agreement typically clarifies the specific terms of the contractor relationship. 4. Real Estate Loan Broker: This refers to a licensed professional who facilitates real estate financing. The inclusion of a loan broker in the agreement suggests that the salesperson will cooperate with the broker in the context of real estate transactions that involve loans. Types of Hillsborough Florida Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers: 1. Exclusive Agreement: This type of agreement establishes an exclusive relationship between the salesperson and loan broker, where the salesperson agrees not to work with any other loan brokers or lenders during the agreement's duration. 2. Non-Exclusive Agreement: In contrast to an exclusive agreement, this type allows the salesperson to collaborate with multiple loan brokers, and there is no exclusive partnership or obligation between the parties. 3. Commission-Based Agreement: This type of agreement outlines that the salesperson will be compensated based on a commission structure calculated as a percentage of the sales or referrals made through the loan broker's services. 4. Referral Agreement: This agreement focuses primarily on referrals, with the salesperson referring potential clients to the loan broker and receiving a referral fee for successful transactions resulting from those referrals. In summary, the Hillsborough Florida Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal document that regulates the working relationship between a real estate salesperson and a loan broker in Hillsborough County, Florida. The agreement can vary in its type, such as exclusive or non-exclusive, commission-based or referral-based, depending on the specific terms negotiated between the parties.Hillsborough Florida Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that outlines the terms and conditions between a real estate salesperson and an independent contractor agreement with a real estate loan broker in Hillsborough County, Florida. The agreement is designed to establish a professional relationship between the real estate salesperson and the real estate loan broker, defining the rights, roles, and responsibilities of both parties involved. Keywords: 1. Hillsborough Florida: This refers to the specific location where the agreement is applicable, emphasizing the geographical area in which the independent contractor agreement is valid. 2. Real Estate Salesman: This term refers to an individual who is licensed to sell real estate properties and represents clients in real estate transactions. It implies that the agreement is intended for real estate professionals acting as salespersons. 3. Independent Contractor Agreement: This signifies that the salesperson operates as an independent contractor, rather than as an employee, with autonomy in managing their business and services. The agreement typically clarifies the specific terms of the contractor relationship. 4. Real Estate Loan Broker: This refers to a licensed professional who facilitates real estate financing. The inclusion of a loan broker in the agreement suggests that the salesperson will cooperate with the broker in the context of real estate transactions that involve loans. Types of Hillsborough Florida Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers: 1. Exclusive Agreement: This type of agreement establishes an exclusive relationship between the salesperson and loan broker, where the salesperson agrees not to work with any other loan brokers or lenders during the agreement's duration. 2. Non-Exclusive Agreement: In contrast to an exclusive agreement, this type allows the salesperson to collaborate with multiple loan brokers, and there is no exclusive partnership or obligation between the parties. 3. Commission-Based Agreement: This type of agreement outlines that the salesperson will be compensated based on a commission structure calculated as a percentage of the sales or referrals made through the loan broker's services. 4. Referral Agreement: This agreement focuses primarily on referrals, with the salesperson referring potential clients to the loan broker and receiving a referral fee for successful transactions resulting from those referrals. In summary, the Hillsborough Florida Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal document that regulates the working relationship between a real estate salesperson and a loan broker in Hillsborough County, Florida. The agreement can vary in its type, such as exclusive or non-exclusive, commission-based or referral-based, depending on the specific terms negotiated between the parties.
