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.
Title: Wisconsin Agreement Between a Bartender — as an IndependenContractto— - and a Business that Supplies Bartenders to Parties and Special Events Introduction: In Wisconsin, when a bartender works independently and collaborates with a business that supplies bartenders to parties and special events, it is crucial to establish a clear agreement to ensure a smooth working relationship. This Agreement defines the terms and conditions that govern the engagement between the bartender and the supplying business. By outlining the agreement specifics, both parties can execute their duties effectively while safeguarding their rights and responsibilities. Listed below are the key components of the Wisconsin Agreement Between a Bartender — as IndependenContractto— - and a Business that Supplies Bartenders to Parties and Special Events. 1. Parties' Identification: Clearly identify the parties involved in the agreement, including the name and address of the bartender as an independent contractor and the supplying business's legal name and address. 2. Independent Contractor Relationship: Highlight that the bartender is considered an independent contractor and not an employee of the supplying business. Emphasize that the bartender is responsible for their own taxes, insurance, and other legal obligations. 3. Scope of Services: Define the nature and extent of the bartender's services, including their responsibilities and duties during events such as mixing and serving beverages, maintaining cleanliness, and providing exceptional customer service. 4. Compensation and Payment Terms: Specify the agreed-upon compensation structure, such as an hourly rate or a percentage of the tips received. Outline the payment schedule, method, and any additional expenses (if applicable) that will be reimbursed to the bartender. 5. Event Assignments: Clarify the process by which the supplying business will assign events to the bartender, taking into consideration availability, skillet, and geographical proximity. Mention that such assignments are subject to change with reasonable notice. 6. Schedule and Availability: Outline the bartender's commitment to be punctual, reliable, and provide availability for events at least a certain number of days in advance. Establish the necessary communication channels for confirming or adjusting the schedule. 7. Dress Code and Conduct: Specify any dress code requirements or professional standards the bartender must adhere to during events, along with guidelines on behavior, hygiene, and responsible alcohol service. 8. Supplies and Equipment: Define who will be responsible for providing necessary supplies and equipment such as bar tools, mixers, glassware, and any other specialized items required for the bartender's services. 9. Liability and Insurance: Address the insurance coverage requirements for both parties, ensuring adequate general liability coverage, workers' compensation, and any other relevant forms of coverage. 10. Confidentiality and Non-Compete: Include provisions to protect the confidentiality of sensitive information shared during the engagement and any non-compete restrictions, preventing the bartender from soliciting or serving clients independently while contracted with the supplying business. 11. Termination and Dispute Resolution: Outline the conditions under which either party can terminate the agreement and stipulate a dispute resolution mechanism, such as mediation or arbitration, as an alternative to litigation. Types of Wisconsin Agreement Between a Bartender — as an IndependenContractto— - and a Business that Supplies Bartenders to Parties and Special Events: 1. Event-specific Agreement: A contract designed for a particular event, outlining the specifics and terms solely related to that event. 2. General Agreement: A more comprehensive contract that covers an ongoing working relationship between the bartender and the supplying business, outlining terms applicable to multiple events. 3. Exclusive Service Agreement: An agreement granting exclusive rights to the supplying business for the bartender's services, prohibiting them from working for any other similar services during the agreement's term. Conclusion: The Wisconsin Agreement Between a Bartender — as an IndependenContractto— - and a Business that Supplies Bartenders to Parties and Special Events is a crucial legal document that ensures a mutually beneficial and professional relationship. By clearly defining expectations and responsibilities, this agreement establishes a foundation of trust and cooperation, enabling a successful bartending collaboration for various events and parties.
