Oakland Michigan Nursing Agreement - Self-Employed Independent Contractor

State:
Multi-State
County:
Oakland
Control #:
US-INDC-32
Format:
Word; 
Rich Text
Instant download

Description

This is an agreement between a nurse (traveling nurse) and a hospital or hospice to employ the nurse as an independent contractor for a specific time period.

Oakland Michigan Nursing Agreement — Self-Employed Independent Contractor is a legally binding contract that outlines the terms and conditions between a nurse and a client or healthcare provider in Oakland, Michigan. This agreement establishes the nurse's status as a self-employed independent contractor, clarifying their rights, responsibilities, and compensation. Key aspects covered in this nursing agreement may include: 1. Scope of Work: The agreement defines the services to be provided by the nurse, such as patient care, administering medication, providing treatments, and any additional responsibilities. 2. Professional License and Credentials: The nurse must possess valid licenses, certifications, and qualifications essential for performing the required nursing duties in Oakland, Michigan. The agreement may also require the nurse to maintain their credentials throughout the contract term. 3. Worker Classification: This agreement clearly establishes the nurse as a self-employed independent contractor rather than an employee of the hiring healthcare provider. It outlines that the nurse is responsible for their own taxes, benefits, liability insurance, and other financial obligations. 4. Duration and Termination: The contract specifies the duration of the engagement, whether it is a fixed term or ongoing. It also outlines conditions under which either party may terminate the agreement, such as breach of contract or mutual agreement. 5. Compensation: The agreement defines the nurse's compensation structure, including hourly rates, fees, or any other agreed-upon method. It may also include provisions for reimbursement of expenses related to the nursing services provided. Types of Oakland Michigan Nursing Agreement — Self-Employed Independent Contractor may include: 1. Home Health Nursing Agreement: This type of agreement applies when the nurse provides services to patients in their homes, delivering care as prescribed by healthcare providers. These nurses often work with elderly, disabled, or chronically ill individuals who require specialized care in a home setting. 2. Agency Nursing Agreement: In this type of agreement, the nurse is contracted through a staffing agency, which assigns them to various healthcare facilities or hospitals within Oakland, Michigan. The agreement typically outlines the terms and conditions set by the staffing agency and the duties to be performed at different facilities. 3. Specialty Nursing Agreement: This type of agreement applies to nurses with specialized skills or training in specific areas of healthcare, such as critical care nursing, pediatric nursing, or oncology nursing. The agreement may include additional requirements and expectations specific to the chosen to nurse specialty. In conclusion, an Oakland Michigan Nursing Agreement — Self-Employed Independent Contractor is a detailed contract that outlines the expectations and responsibilities of nurses working in Oakland, Michigan as self-employed professionals. Various types of agreements cater to different nursing settings and specialties, ensuring clarity and legal protection for both parties involved.

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FAQ

An individual is an independent contractor in California only if they meet all three (3) requirements of the test: The worker remains free from managerial direction and control related to the worker's performance. The worker performs duties outside the scope of the company's course of business.

The Legislation With the advent of apps like CareRev and other nurse-for-hire services popping up, California has introduced legislation to legally declare that any nurse or healthcare worker using digital services to book shifts be classified as an independent contractor.

Independent contractors are not entitled to overtime pay and may often work long hours without extra compensation. All employees in California are entitled to earn at least minimum wage. As of 2020, California's statewide minimum wage is $12.00 per hour for employers with 25 or fewer employees.

Gavin Newsom signed new state legislation, Assembly Bill 5 (AB5), into law. Effective January 1, 2020, AB5 affects independent contractors throughout California, radically changing 30 years of worker classification and reclassifying millions as employees.

Effective January 1, 2016, the Act requires home care agencies to be licensed by the California Department of Social Services. The agencies may only use licensed home care aides to deliver services to customers, and must classify them as employees, not independent contractors.

Under Labor Code section 226.8, which prohibits the willful misclassification of individuals as independent contractors, there are civil penalties of between $5,000 and $25,000 per violation. Willful misclassification is defined as voluntarily and knowingly misclassifying an employee as an independent contractor.

Prop 22 was a ballot measure that passed on November 3, 2020. It declares that app-based transportation companies, such as rideshare (i.e. Uber and Lyft) and food delivery companies (i.e. Grubhub), are exempt from AB5 and its drivers are classified as independent contractors.

California Assembly Bill 5 (AB5), popularly known as the gig worker bill, is a piece of legislation that went into effect on Jan. 1, 2020, and required companies that hire independent contractors to reclassify them as employees.

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Oakland Michigan Nursing Agreement - Self-Employed Independent Contractor