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Sample Independent Contractor Agreement documents you will find on Practical Law

  • A Practice Note discussing the classification of individuals as independent contractors, including how companies benefit from engaging independent contractors, the tests for independent contractor status, including the economic realities test under the Fair Labor Standards Act (FLSA) and the Internal Revenue Service's (IRS) control test, penalties for misclassification, recordkeeping, and best practices. This Note addresses federal law. State and local law may impose different or additional requirements on independent contractor classification.

  • A Practice Note addressing wage and hour audits under the federal Fair Labor Standards Act (FLSA), including preliminary issues private sector employers should consider, common wage and hour issues to evaluate, options for responding to problems discovered during the audit, and best practices going forward. 

  • A Checklist outlining key considerations for evaluating and engaging individuals as independent contractors, including best practices. This Checklist is based on federal law. 

  • An independent contractor agreement between an individual contractor and a client company for consulting or other services. This Standard Document is drafted in favor of the client company and is based on federal law. 

  • Questionnaire to help companies and their counsel evaluate an individual's status as an independent contractor under the Fair Labor Standards Act (FLSA). This Standard Document applies to private sector workplaces and is based on federal law. 

  • This PowerPoint presentation can be used by counsel to train employees at a private sector US company on how to properly classify workers as independent contractors. This presentation is based on federal law but can be customized to address state and local requirements. This presentation can also be customized for a specific company and industry.

  • Sample questions for defense counsel to use when deposing a current or former independent contractor in a misclassification case under the Fair Labor Standards Act (FLSA). This Standard Document applies to private sector workplaces and is based on federal law. State and local law may impose different or additional requirements on independent contractor classification. This Standard Document has integrated notes with important explanations and drafting tips.

  • A sample letter for employers to use when requesting a federal Fair Labor Standards Act (FLSA) opinion letter from the Department of Labor's (DOL) Wage and Hour Division (WHD). This Standard Document is intended for use by employers and their counsel but is also useful to employees, their counsel, and other entities requesting an FLSA opinion letter. This Standard Document has integrated notes with important explanations and drafting tips.

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