Establishing an Independent Contractor Agreement
Aside from regularly-paid employees, some companies operating their respective businesses in Los Angeles and other parts of California also hire independent contractors. As it is, handling them can be difficult, as it involves the intertwined aspects of legal and factual criteria. Definitely, the application of the legal aspects involved in distinguishing a regular employee from an independent contractor can be tricky.
Basically, majority of businesses, regardless of size, hire independent contractors. But then, they may need to strictly comply with state, federal, and local laws to safely establish a working relationship with the independent contractors and to avoid possible lawsuits.
BCA’s expertise in establishing independent contractor agreements
Since establishing such agreement has some legal technicalities that may be too complicated for most people to understand, business or companies involved should seek the expertise of an expert corporate attorney in Los Angeles. And this is where the Business Corporate Attorney (BCA) steps in.
As a multispecialty law firm, we have already served numerous business owners in terms of drafting and evaluating certain paperwork needed for their businesses to operate in a legal manner. Such paperwork includes employment agreements, by-laws, and employment manuals.
As for independent contractor agreements, our experienced Los Angeles corporate lawyers have assisted many California companies and businesses in assessing, drafting, or revising them. We are also capable of establishing contractor relationships within the client-business owners’ workforce.
Usually, these tasks involve an extensive assessment of the businesses’ nature, as well as of the duties and responsibilities of both contractors and employees. As it is, we make sure that the particulars of the independent contractor agreement and the establishment of the company-contractor relationship are carefully planned and executed.
To understand more about our law firm’s capabilities in establishing an independent contractor agreement, here are some of the goals that we consider when venturing in such endeavor:
- In coming up with an agreement, it must first secure independent contractor treatment for purposes such as employment tax, employee benefit plan, and labor and employment law applications. To begin with, an independent contractor is not paid employment taxes. He or she does not also have tax liability for income. However, the liability of the business owner or company could be severe if any state or federal taxing agency removes the tag of the worker from an “independent contractor” to a regular “employee.”
- The agreement should also rule out the respondeat superior stipulation that is usually present in the basic contracts between the regular employees and the companies. Basically, this doctrine means that business owners or companies are held liable for their regular workers’ conduct. But since independent contractors are utilized, business owners or companies have no liability towards them, unless the former are regarded as regular employees.
- The relationship between the business owner or company and the independent contractor should fulfill the former’s need for any goods or services that the latter may provide.
Along with the establishment of the agreement and the relationship between the two working parties, our law firm has also successfully guided businesses and companies regarding various issues of liabilities. Through our seasoned corporate lawyers, we have also effectively represented companies that faced issues with taxing agencies on independent contractor relationships.
At Business Corporate Attorney, we are more than willing to help you get the job done. Call us now at (888) 833-2528 or send us an e-mail at email@example.com if you wish to acquire a legally sound and well-defined contract.