Review Independent Contractor Agreement in Ohio (2022)

The short answer is yes. As an independent contractor, you bear the risk of profit and loss, employee rules regarding breaks and meals do not apply, nor does the overtime rules.

In North Carolina, there are numerous potential pitfalls for independent contractor agreements. A few general pitfalls include: 1. Classification: An independent contractor agreement should properly establish that the relationship is intended to be an independent contractor relationship (not an employment relationship). The agreement should include terms and conditions that make the intended nature of the relationship absolutely clear. 2. Compensation: An independent contractor agreement should properly address the contractor's compensation. The agreement should not include references to terms typically reserved for employment relationships (like "salary" or "exempt/non-exempt"). 3. Control: An independent contractor agreement should demonstrate that the hiring party will not control the contractor like it would an employee. The agreement should not include terms and conditions that unlawfully or unnecessarily limit the contractor's rights (like the right to provides services to other clients to generate independent income). 4. Criteria/Qualifications: An independent contractor agreement should establish that the contractor is qualified to provide the services "independently" i.e. without the hiring party providing training or supervision. The agreement should not include terms and conditions that demonstrate an improper degree of control (like probation, performance reviews, or discipline). There are also pitfalls that are based on such factors as the industry or nature of the hiring party's business, the nature of the services the contractor will be performing, or the nature of the relationship between the parties. To be fair and equitable, an independent contractor agreement must respect the various laws governing independent contractor relationships. For example, a worker should not be required to accept a role as an "independent contractor" if the hiring party intends to control the worker like an employee. A North Carolina attorney who is knowledgeable of independent contractor relationships can assist with an independent contractor agreement. Consult with a knowledgeable attorney to help ensure you avoid some common pitfalls in independent contractor agreements.