Describe the details of the work to be done in the customer contract agreement. This ensures that both parties agree on the scope of the project: the U.S. Supreme Court has ruled that if a law clearly states otherwise, the Common Law Agency Test applies to issues of classification of workers under federal law. Nationwide Mutual Ins. Co. v. Darden, 503 U.S. 318, 323-24 (1992). In applying the common law test to federal laws that do not clearly define “workers,” the D darden Supreme Court found that a federal court will consider the following factors to determine whether a person has the necessary control over how and how production is produced to justify the status of an independent contractor, no determining factor Employers have a significant degree of control over their employees. , and are able to guide when, how and where employees perform their duties and responsibilities. Employers often provide their employees with the necessary “trade tools.” On the other hand, an independent contractor can generally determine when, how and where his work should be performed and is responsible for all the tools or equipment necessary to provide the services.
Courts and agencies that decide FLSA issues use another test, commonly referred to as “economic realities.” See z.B. Bartels v. Birmingham, 332 U.S. 126, 130 (1947); Henderson v. Inter-Chem Coal Co., 41 F.3d 567, 570 (10 cir. 1994); DiPilato v. 7 Eleven, Inc., 662 F. Supp. 2d 333, 346-347 (S.D.N.Y.
2009); See also the interpretation of DOL Administrator No. 2015-1 (July 15, 2015).ix The economic reality test requires an analysis of the worker`s economic independence. While a worker generally depends on his employer for income and opportunities, an independent contractor works in his own business, generally shares some risk of success or failure in the matching relationship and can obtain income from other sources. A customer may ask you to include a confidentiality agreement in your independent title statement to protect proprietary information. You can include verbal language in your own contract or use the customer`s documents as a complement to your contract: You should also ensure that the company retains the intellectual property shared with the contractor and owner of any work product prepared by the contractor. An employee`s inventions, as a protected product. B by copyright, may be a work that was made for rent or that belongs to the company. However, a contractor`s inventions must be transferred through the contractor. The scope and specificity of these provisions vary depending on the value of the work product and the type of protection desired, i.e. copyright, trademark or patent.
In some cases, you should specify the power of attorney and a cooperation agreement to perfect the protection. Some state laws may also contain specific languages regarding the requirements for awarding inventions; Companies should check these laws with legal advisors who, in experience, are familiar with these issues to determine whether they apply under an independent contract contract.