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Independent Contractor

Legal Definition and Related Resources of Independent Contractor

Meaning of Independent Contractor

The test which distinguishes an independent contractor from a servant or agent is the degree of control which the employer is entitled to exercise. An independent contractor is one who undertakes to produce a given result, but is not controlled by his employer as to the method by which he achieves that result. The person employing him does not have the power of controlling the contractor as to the details of the stipulated work. See Massey v Tube Art display Inc., 551 P.2d 1387,25 Wash. App. 792. Keith v Blanscett, (Tex. Civ. App.) 450 S. W.2d 124. The test of relationship of master and servant is the existence of a right of control over the agent in respect of the manner ir which the work is done. A servant is an agent who works under the supervision and direction of his employer; an independent contractor is one who is his own master . A servant is engaged to obey his employer’s orders from time to time; an independent contractor is a person engaged to do certair work, but to exercise his own discretion as to the mode and time of doing it – he is bound by his contract , but not by his employer’s orders.

Related Entries of Independent Contractor in the Encyclopedia of Law Project

Browse or run a search for Independent Contractor in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Independent Contractor in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Independent Contractor in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Independent Contractor in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

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Mentioned in these terms

Copyright.

See also

Freelancer in the American legal Encyclopedia
A person who is hired to perform services and is responsible for… (Read more)

Independent contractor in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of independent contractor.

Resources

See Also

  • Law Enforcement Officer
  • Police Work
  • Law Enforcement Agency

Further Reading

United States Tax Concept of Independent Contractor

One who controls the means and methods of performing his or her own work and files tax returns as a self-employed person. If you are an independent contractor the person or company you work for controls what you do, not how you do it.

Concept of Independent Contractor in the context of Real Property

A short definition of Independent Contractor: The term is most important as used to describe the relationship of broker and salesperson. The salesperson is either an employee or independent contractor. If an employee, the broker must withhold income tax and pay social security, provide workman’s compensation when applicable, and may be liable for some negligent acts of the salesperson while on the job, such as automobile accidents. The broker avoids all of these responsibilities if the salesperson is an independent contractor. The greater the control over the salesperson, the more likely the salesperson will be considered an employee. Some examples of this control would be required office hours or attendance at regularly scheduled meetings, as well as payment or reimbursement by the broker for license fees, auto expenses, etc.

Concept of Independent Contractor in the context of Real Property

A short definition of Independent Contractor: The term is most important as used to describe the relationship of broker and salesperson. The salesperson is either an employee or independent contractor. If an employee, the broker must withhold income tax and pay social security, provide workman’s compensation when applicable, and may be liable for some negligent acts of the salesperson while on the job, such as automobile accidents. The broker avoids all of these responsibilities if the salesperson is an independent contractor. The greater the control over the salesperson, the more likely the salesperson will be considered an employee. Some examples of this control would be required office hours or attendance at regularly scheduled meetings, as well as payment or reimbursement by the broker for license fees, auto expenses, etc.


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