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.
Kings New York Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a comprehensive agreement that outlines the terms and conditions between a real estate salesman and a real estate loan broker in the Kings New York area. This agreement serves as a legal contract and governs the relationship between the two parties involved. Under this agreement, the real estate salesman acts as an independent contractor and is not an employee of the real estate loan broker. The agreement clearly defines the rights, obligations, and responsibilities of both parties, ensuring a smooth and professional working relationship. Keywords: Kings New York, real estate salesman, independent contractor, agreement, real estate loan broker. Types of Kings New York Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Broker: 1. Commission-Based Agreement: This type of agreement outlines the commission structure and payment terms for the real estate salesman. It specifies the percentage or fixed amount the salesman will receive for successfully closing real estate loan deals referred by the broker. 2. Non-Exclusive Agreement: This agreement allows the real estate salesman to work with other brokers or engage in other real estate activities while still collaborating with the specific real estate loan broker. It sets forth the terms under which the salesman can work independently outside the broker's scope. 3. Exclusive Agreement: In contrast to a non-exclusive agreement, an exclusive agreement restricts the real estate salesman from working with other brokers or engaging in real estate activities that directly compete with the broker's interests. It establishes an exclusive working relationship between the salesman and the broker. 4. Duration-Based Agreement: This type of agreement clearly states the effective period during which the real estate salesman will collaborate with the real estate loan broker. It outlines the start and end dates of the agreement and may include provisions for renewal or termination. 5. Territory-Specific Agreement: In situations where the real estate loan broker operates in multiple locations or has specific sales territories, this agreement defines the geographic area within which the real estate salesman will operate and represent the broker's interests. It may include provisions for exclusivity within that territory. These different types of Kings New York Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Broker provide flexibility and allow for customization based on the specific needs and preferences of the parties involved. It is important for both the real estate salesman and the real estate loan broker to thoroughly review and understand the agreement before entering into a professional collaboration.Kings New York Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a comprehensive agreement that outlines the terms and conditions between a real estate salesman and a real estate loan broker in the Kings New York area. This agreement serves as a legal contract and governs the relationship between the two parties involved. Under this agreement, the real estate salesman acts as an independent contractor and is not an employee of the real estate loan broker. The agreement clearly defines the rights, obligations, and responsibilities of both parties, ensuring a smooth and professional working relationship. Keywords: Kings New York, real estate salesman, independent contractor, agreement, real estate loan broker. Types of Kings New York Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Broker: 1. Commission-Based Agreement: This type of agreement outlines the commission structure and payment terms for the real estate salesman. It specifies the percentage or fixed amount the salesman will receive for successfully closing real estate loan deals referred by the broker. 2. Non-Exclusive Agreement: This agreement allows the real estate salesman to work with other brokers or engage in other real estate activities while still collaborating with the specific real estate loan broker. It sets forth the terms under which the salesman can work independently outside the broker's scope. 3. Exclusive Agreement: In contrast to a non-exclusive agreement, an exclusive agreement restricts the real estate salesman from working with other brokers or engaging in real estate activities that directly compete with the broker's interests. It establishes an exclusive working relationship between the salesman and the broker. 4. Duration-Based Agreement: This type of agreement clearly states the effective period during which the real estate salesman will collaborate with the real estate loan broker. It outlines the start and end dates of the agreement and may include provisions for renewal or termination. 5. Territory-Specific Agreement: In situations where the real estate loan broker operates in multiple locations or has specific sales territories, this agreement defines the geographic area within which the real estate salesman will operate and represent the broker's interests. It may include provisions for exclusivity within that territory. These different types of Kings New York Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Broker provide flexibility and allow for customization based on the specific needs and preferences of the parties involved. It is important for both the real estate salesman and the real estate loan broker to thoroughly review and understand the agreement before entering into a professional collaboration.
