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Practice Notes

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Standard Documents & Clauses

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Sample independent contractor agreement documents on Practical Law

Independent Contractor Classification

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

Conducting an Internal Wage and Hour Audit

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

Evaluating and Engaging Independent Contractors Checklist

A Checklist outlining key considerations for evaluating and engaging individuals as independent contractors, including best practices

Independent Contractor/Consultant Agreement (Pro-Client)

An independent contractor agreement between an individual contractor and a client company for consulting or other services

Questionnaire to Determine Independent Contractor Status Under the FLSA

Questionnaire to help companies and their counsel evaluate an individual's status as an independent contractor under the Fair Labor Standards Act (FLSA)

Classifying Independent Contractors: Presentation Materials

This presentation can be used by counsel to train employees at a private sector US company on how to properly classify workers as independent contractors

Deposition Questions: To Plaintiff in an FLSA Independent Contractor Misclassification Case

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)

Request for an FLSA Opinion Letter from the Department of Labor's Wage and Hour Division

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)

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