The Independent Contractor Acknowledgment is a
contract between two parties, where one party acknowledges the other and both
parties agree to terms.
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An
Acknowledgement of Independent Contractor Agreement is critical when confirming
the terms by which a contractor will be working under, it used to acknowledge
that the contractor will not be working as an employee and that the company
will not be with holding any part of their remuneration for tax or any other
tax related reasons, in this contract the independent contractor also agrees to
forego any employee benefits that usually awarded to employees of the company.
Contractor
'acknowledgment form' can't dictate employment status although is necessary
alongside other forms to prove that the independent contractor is in not
employed with your company.
You
should avoid the use an Acknowledgement of Independent Contractor Agreement as
an employment agreement.
such
as in the case of a delivery driver, after being fired by the company he worked
for. It is alleged in the lawsuit that the company terminated him because of
his race, gender and age, in violation of Title VII of the Civil Rights Act of
1964 and the Age Discrimination in Employment Act (ADEA).
After
the company asked the court to dismiss the claims, as the mentioned laws only
applied to employees and the plaintiff had agreed to independent contractor
status (via the Acknowledgment of Independent Contractor Agreement), thus
accepting responsibilities for his own fuel, equipment and tool expenses. The
plaintiff, however, provided evidence that he was assigned delivery routes and
had to use specific software on his phone.
The
(acknowledgement of independent contractor) agreement is relevant, the court
said (while refusing to dismiss the claims.), but only tells part of the story.
And, under the controlling 11th Circuit's Title VII "economic
realities" test, a reasonable jury could find that the plaintiff was an
employee.
As
this case illustrates, independent contractor acknowledgements are relevant and
should be accompanied by supporting documents such as an Independent Contractor
Agreement and others since the one contract is not everything. Personal
preference, of the business' or a worker's, cannot dictate classification.
Employers, should instead use relevant tests in order decide whether or not to
classify a worker as a contractor or as employed by the company.
There
is no single legal definition for determining whether individuals are employees
or independent contractors. The U.S. Department of Labor (DOL) maintains one
test for the Fair Labor Standards Act, while federal appellate courts have
devised their own under that law.
Employers
must consider applicable state and local laws. In order to classify someone as
an independent contractor, the court said, businesses must show that the worker
(a) is free from the control and direction of the employer; (b) performs work
that is outside the their core business; and (c) customarily engages in
"an independently established trade, occupation or business." The
court took its “ABC” test from a standard used in 22 other states.
various
tests are adopted for various laws. The National Labor Relations Board, for
example, maintains a separate test for coverage under the National Labor
Relations Act. And as the case mentioned in the beginning the court noted, some
classification issues remain unresolved. The 11th Circuit has not given any
instruction to district courts whether they should apply its test in ADEA
cases, the lower court said; "Consequently, in ADEA cases, district courts
must adapt other federal law tests to judge the characteristics of the parties'
work relationship. Those tests include the common-law agency test, the [FLSA]
economic realities test, and a blended or hybrid approach that combines the
common-law agency test with 'a consideration of the ‘economic realities' of the
hired party's dependence on the hiring party.'"
In this article we covered the Acknowledgement of Independent Contractor Agreement and its application, more independent contractor agreements can be accessed from the Business Own Corporation MIND Repository.
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Acknowledgement
Acknowledgement
əkˈnɒlɪdʒm(ə)nt/
noun:
acknowledgment
1.
acceptance
of the truth or existence of something.
"there
was no acknowledgement of the family's trauma"
synonyms:
acceptance,
admission, granting, allowing, concession, confession, appreciation,
recognition,
realization, awareness, cognizance, knowledge;
approval
of, acquiescence in, agreement with, concurrence with, respect for, cooperation
with
"there
was acknowledgement of the need to take new initiatives"
2.
recognition of the importance or quality of something.
Independent
Independent
ɪndɪˈpɛnd(ə)nt/
adjective
1.
free
from outside control; not subject to another's authority.
"an
independent nuclear deterrent"
synonyms:
freethinking,
individualistic, unconventional, maverick;
2.
not
depending on another for livelihood or subsistence.
"I
wanted to remain independent in old age"
synonyms:
self-sufficient,
self-supporting, self-sustaining, self-reliant, self-standing, able to stand on
one's own two feet;
self-contained,
self-made;
informal
living on one's hump
"one
has to be very careful about offering money to proud and independent old
folk"
noun
1.
an
independent person or body.
Contractor
Contractor
kənˈtraktə/
noun
1.
a
person or firm that undertakes a contract to provide materials or labor to
perform a service or do a job.
Well written article on reality.
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