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Mike Moncrief June 21st, 2006 05:04 PM

Independent Contractor Agrement
 
Hello,

Any have any experience with an "Independent Contractor Agrrement" ??

A wedding/video company has offered to give me some work shooting some videos.. I can see how part of it does a CYA for them, as it says they are not responsible for taking taxes out of your checks, giving you health benefits,sick pay, retirement benefits,social security etc..

is this typical?? It is a one year agreement.. Any red flags i should look for??


Thanks,
Mike Moncrief

Chris Barcellos June 21st, 2006 05:28 PM

The whole world is going indepedent contractor. For the employing party, it save health benefits, and other employment taxes. For the employed party, it means you have to pay self employment tax of about 15% plus cover your own medical. If you are hurt by a drunk at a wedding, tough luck, no workers compensation. More and more employers are using this ruse to avoid direct liability for these things. And of course the government can claim there are all these new businesses starting. It used to be, there was an attack on the companies that were doing this, but its not happening much any more.

The legal tests involving whether you should be considered an independent contractor involve issues like your freedom to select times, to do the job in a manner you see fit with out employer direct control, as well as industry custom and practice. Essentially, the more control employer exerts, more likely it could be determined to be a employer/employee relationship.

Don Donatello June 21st, 2006 06:37 PM

in cailfornia (i've been advised ) if i hire a indi-contractor i'm to ask for proof of workmans comp insurance - if they do not have workmans comp insurance i'm advised NOT to hire them as indi-contractor but to put them on payroll ...

you might look into what would be your liability as a indi-contractor at the wedding? just say somebody trips over a cord or you trip and wack out a few teeth of a guest ? or what happens if you get hurt on job ?


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