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.
West Virginia Agreement Between a Bartender — as an IndependenContractto— - and a Business that Supplies Bartenders to Parties and Special Events In West Virginia, when a bartender operates as an independent contractor for a business that supplies bartenders to parties and special events, it is essential for both parties to establish a formal agreement to clarify their rights, responsibilities, and expectations. Such agreements safeguard the interests of both the bartender and the business, helping to prevent any disputes or misunderstandings that may arise during their working relationship. Below are key elements that should be addressed in a West Virginia Agreement Between a Bartender (Independent Contractor) and a Business that Supplies Bartenders to Parties and Special Events: 1. Parties involved: Clearly state the legal names and addresses of both the bartender (independent contractor) and the business in question. 2. Purpose of the agreement: Define the main objective of the agreement, which is to establish a working relationship between the bartender and the business for the provision of bartending services at parties and special events. 3. Term and termination: Specify the duration of the agreement, including potential renewal periods, and provide clear provisions for termination by either party. 4. Independent contractor relationship: Explicitly state that the bartender is an independent contractor, emphasizing that the bartender is not an employee of the business and has control over their working hours, methods, and equipment. 5. Services and obligations: Outline the specific bartending services that the bartender will provide, including details on setup, biology, drink selection, and any additional responsibilities such as bar cleanup or inventory management. Highlight any certifications or licenses required by the bartender. 6. Compensation: Clearly define the rate or method of payment for the bartender's services. State whether the bartender will be paid a fixed fee per event, an hourly rate, or a percentage of the event's revenue. Include details on how and when payments will be made. 7. Expenses: Clarify which party will be responsible for covering various expenses such as transportation, supplies, uniforms, or licensing fees. If the bartender incurs expenses, specify how reimbursement will be handled. 8. Insurance and liability: Discuss insurance requirements for both parties. Specify that the bartender should carry liability insurance to cover any damages or injuries sustained during the events. Ensure that the business maintains appropriate liability insurance as well. 9. Intellectual property: Address ownership rights related to any bartending recipes, menus, or branding developed by the bartender during the course of their work. 10. Confidentiality and non-compete clauses: Include provisions on the protection of confidential information obtained during the working relationship, and whether the bartender is restricted from providing bartending services to competitors during or after the term of the agreement. 11. Indemnification: Clearly state that both parties agree to indemnify and hold each other harmless from any claims, damages, or liabilities arising from their actions or omissions. 12. Governing law and jurisdiction: Specify that the agreement will be governed by and interpreted in accordance with the laws of West Virginia. Indicate the preferred jurisdiction for any disputes that may arise. It is important to note that legal advice should be sought when drafting or reviewing such agreements to ensure compliance with West Virginia laws and regulations. Different types of West Virginia Agreements Between a Bartender — as an Independent Contractor — and a Business that Supplies Bartenders to Parties and Special Events may include variations in compensation structure, duration of the agreement, or specific services provided. These agreements can be tailored to suit the unique needs and preferences of the parties involved.
