An independent contractor is a person or business who performs services for another person under 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 their 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. 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.
Liquidated damages (paragraph 8 of the form) may be incorporated as a clause in a contract when the parties to a contract agree to the payment of a certain sum as a fixed and agreed upon payment for not doing certain things particularly mentioned in the agreement. It is the amount of money specified in a contract to be awarded in the event that the agreement is violated, often when the actual damages are difficult to determine with specificity.
An Oregon Employment Agreement Between a Bartender as Self-Employed Independent Contractor and a Business that Supplies Bartenders to Parties and Special Events is a legal document that outlines the rights and responsibilities of both parties involved in the bartender-employer relationship. This agreement ensures that the bartender operates as an independent contractor rather than an employee, which has different implications for tax purposes and legal liabilities. This type of agreement is common in the hospitality industry, where businesses often hire bartenders on a temporary or project basis to fulfill staffing needs for parties, special events, or busy periods. By engaging bartenders as independent contractors, businesses can avoid the obligations and expenses that come with hiring employees, such as providing benefits and paying certain taxes. Key provisions commonly included in an Oregon Employment Agreement Between a Bartender as Self-Employed Independent Contractor and a Business that Supplies Bartenders to Parties and Special Events may include: 1. Identification of Parties: Clearly state the legal names and addresses of both the bartender (independent contractor) and the business (employer). 2. Scope of Services: Define the specific services the bartender will provide, such as bartending at events, mixing and serving drinks, setting up and cleaning the bar area, etc. 3. Working Hours: Specify the agreed-upon working hours for each event, including start and end times, breaks, and any overtime arrangements. 4. Compensation: Determine the payment terms, such as the hourly rate, payment frequency, methods of payment, and any additional compensation for overtime or tips. 5. Equipment and Supplies: Clarify whether the bartender will be responsible for providing their own bartending equipment and supplies or if the business will supply them. 6. Independent Contractor Status: Clearly outline that the bartender is an independent contractor and not an employee of the business. This section may include statements affirming their responsibility for taxes, insurance, licenses, and adherence to applicable laws and regulations. 7. Confidentiality: Address the confidentiality of any sensitive business information or trade secrets to which the bartender may have access during their engagement. 8. Termination: Explain the conditions under which either party can terminate the agreement, such as breach of contract, expiration of a specific project, or mutual agreement. It's important to consult with an attorney or legal expert to customize the agreement to comply with Oregon state laws and regulations. Different variations of this agreement may exist based on the specific needs and preferences of the parties involved, such as agreements tailored for one-time events, long-term contracts, or contracts with provisions for indemnification and liability insurance.
