An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
A Hawaii Agreement Between a Bartender — as an IndependenContractto— - and a Business that Supplies Bartenders to Parties and Special Events is a legal document that outlines the terms and conditions of the working relationship between a bartender, operating as an independent contractor, and a business that provides bartending services for parties and special events in the state of Hawaii. The agreement typically includes relevant keywords such as: 1. Independent contractor: This term refers to the bartender who operates as a self-employed individual and is not considered an employee of the bartending service business. 2. Business: Refers to the company that provides bartending services, including staffing bartenders for parties and special events. 3. Parties and special events: Refers to social gatherings, weddings, corporate events, or any other occasions where bartenders are hired to serve drinks and cocktails. 4. Terms and conditions: This section outlines the agreed-upon terms of the engagement, including the duration of the agreement, contractual obligations, compensation, and any additional terms that both parties should comply with. 5. Scope of services: Describes the specific bartending services the bartender is hired to provide, such as mixing and serving drinks, customer service, maintaining cleanliness, and adhering to relevant laws and regulations related to alcohol service. 6. Payment: Specifies the compensation structure, payment method, and frequency of payments to the bartender for their services. It may include the hourly rate, tips policy, or any other agreed-upon terms regarding compensation. 7. Equipment and supplies: States whether the business or the bartender is responsible for providing bartending equipment, such as shakers, glassware, or garnishing tools. It may also outline who will be responsible for supplying the necessary alcohol and mixers. 8. Liability and insurance: Addresses the liability of both parties, including the bartender's responsibility for any damages or injuries caused by their actions during the course of their services. It may also require the bartender to maintain appropriate insurance coverage. 9. Confidentiality: May include a section on confidentiality agreements, where the bartender agrees not to disclose any proprietary or confidential information provided by the business or their clients during the engagement. 10. Termination: Outlines the conditions under which either party can terminate the agreement, along with any notice period or penalties associated with the termination. It is important to note that the specific contents and language of the agreement may vary depending on the business's policies, legal requirements, and any additional terms negotiated between both parties. Always consult with an attorney or legal professional familiar with Hawaii laws when drafting or reviewing a Hawaii Agreement Between a Bartender — as an Independent Contractor — and a Business that Supplies Bartenders to Parties and Special Events.
