Hawaii hr independent contractor agreement template

Hawaii HR Independent Contractor Agreement

This Hawaii HR Independent Contractor Agreement (the “Agreement”) is made and entered into as of this [Date] by and between:

• [Client Legal Name], a [Client Business Structure, e.g., Hawaii Corporation], with its principal place of business at [Client Hawaii Address] and Hawaii Business Registration Number [Client Hawaii Business Registration Number] (the "Client"), and
• [Contractor Legal Name], a [Contractor Business Structure, e.g., Sole Proprietorship], with its principal place of business at [Contractor Hawaii Address] and Hawaii Business Registration Number [Contractor Hawaii Business Registration Number] (the "Contractor").

1. Scope of Services

The Contractor shall provide the following HR services to the Client:

• Option A: Recruitment and Staffing:
  • [Detailed description of recruitment services, including sourcing, screening, interviewing, and onboarding.]
• Option B: Employee Handbook Development:
  • [Creation of a comprehensive employee handbook compliant with Hawaii state and federal laws.]
• Option C: Policy Drafting:
  • [Drafting specific HR policies, such as leave policies, attendance policies, and performance management policies.]
• Option D: Compliance Advisory:
  • [Providing advice on compliance with federal and Hawaii state employment laws.]
• Option E: Compensation and Benefits Analysis:
  • [Analyzing current compensation and benefits packages and making recommendations for improvements.]
• Option F: Workplace Investigations:
  • [Conducting impartial workplace investigations into employee complaints.]
• Option G: Employee Relations Support:
  • [Providing support in resolving employee relations issues and mediating disputes.]
• Option H: Training Programs:
  • [Developing and delivering training programs on various HR topics, such as anti-harassment training.]

Deliverables:

[List Specific Deliverables]

Service Quality Benchmarks:

[List Service Quality Benchmarks]

Required Milestones:

[List Required Milestones]

Reporting Intervals:

[List Reporting Intervals]

Measurable Outcomes:

[List Measurable Outcomes]

2. Work Location and Access

• Option A: Remote Work: The Contractor will perform services remotely.
• Option B: Client Premises: The Contractor will perform services at the Client's premises located in Hawaii.
• Option C: Blended: The Contractor will perform services remotely and at the Client's premises in Hawaii as needed.

The Contractor will have access to the following confidential records, client databases, and communication protocols:

[List specific access rights]

On-site visits will be scheduled according to the following protocol:

[Detail protocol for scheduling and coordinating on-site visits]

3. Compensation

The Client shall compensate the Contractor as follows:

• Option A: Hourly Rate: [Dollar Amount] per hour.
• Option B: Retainer Fee: [Dollar Amount] per month.
• Option C: Per Project: [Dollar Amount] per project.
• Option D: Other: [Specify Payment Method and Amount]

Payment Schedule:

[Specify payment schedule, e.g., bi-weekly, monthly, upon completion of project phases]

Invoicing Procedures (including GET compliance):

[Specify invoicing procedures and requirements for Hawaii General Excise Tax (GET)]

Reimbursement Policies:

[Detail reimbursement policies for allowable expenses, e.g., travel, supplies]

Late Payment Policy (including allowable interest under Hawaii law):

[Specify late payment policy, including any interest charged in accordance with Hawaii law]

4. Ownership of Work Products and Confidentiality

All work products, including HR policies, reports, data analyses, and intellectual property, created by the Contractor shall be owned by:

• Option A: The Client.
• Option B: The Contractor.
• Option C: Jointly owned by the Client and Contractor.

Client employee and business data remains strictly confidential and subject to all applicable state and federal privacy protections, including specific Hawaii privacy laws. The Contractor will comply with Hawaii’s employment records retention and destruction rules.

5. Independent Contractor Relationship

It is expressly understood and agreed that the Contractor is an independent contractor and not an employee of the Client. This Agreement does not create an employment relationship or authorize the Contractor to bind the Client. The Contractor is solely responsible for paying all taxes (including Hawaii GET and self-employment tax), securing appropriate business licenses or tax IDs, and providing their own insurance as required by Hawaii law (e.g., professional liability, general liability).

6. Representations and Warranties

The Contractor represents and warrants that they are properly qualified to perform HR services in Hawaii and will comply with all applicable federal and Hawaii state employment statutes, such as Hawaii’s anti-discrimination (Hawaii Revised Statutes Chapter 378), wage and hour law, and Hawaii labor relations laws. The Contractor will keep current with legal and regulatory changes affecting the services.

7. Liability and Indemnification

The Contractor shall be liable for breach of this Agreement, including late or substandard service delivery, misadvice leading to regulatory penalties, loss or misuse of confidential information, and data breaches. The Contractor shall indemnify and hold harmless the Client from and against any and all claims, damages, liabilities, costs, and expenses arising out of or relating to the Contractor's performance of services under this Agreement, to the extent caused by the Contractor's negligence or willful misconduct.

Required insurance coverage minimums:

[Specify required insurance coverage minimums, if any]

8. Term and Termination

Term: This Agreement shall commence on [Start Date] and continue for a term of [Duration of Agreement].

Renewal: This Agreement shall:

• Option A: Automatically renew for successive terms of [Renewal Term] unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Option B: Not automatically renew and will require a new agreement.

Termination: Either party may terminate this Agreement:

• Option A: For convenience, with [Number] days written notice to the other party.
• Option B: For cause, immediately upon written notice to the other party if the other party breaches this Agreement.

Handover Procedures: Upon termination of this Agreement, the Contractor shall promptly return to the Client all client data, materials, and unfinished projects.

9. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved as follows:

• First, the parties shall attempt to resolve the dispute through good faith negotiations.
• If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation in Honolulu, Hawaii.
• If mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration in Honolulu, Hawaii.
• Hawaii state law governs this agreement. Exclusive venue shall be in Hawaii state or federal courts if litigation is necessary.

10. Hawaii-Specific Considerations

The Contractor will consider Hawaii-specific workplace diversity, language access (if relevant for multi-ethnic workplaces), and cultural considerations in providing HR services. Anti-harassment and anti-retaliation requirements will reflect Hawaii’s protected classes.

11. Assignment and Amendment

Neither party may assign this Agreement without the prior written consent of the other party. This Agreement may be amended only by a written instrument signed by both parties.

12. Compliance with Industry-Specific Regulations

The Contractor will comply with all industry-specific regulations for HR work, such as electronic records security, EEOC reporting, and state or federal non-discrimination and equal pay standards as applicable in Hawaii.

13. Miscellaneous

• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
• Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Client Legal Name]

By: [Client Name]

Title: [Client Title]

[Contractor Legal Name]

By: [Contractor Name]

Title: [Contractor Title]