Kentucky hr independent contractor agreement template

Kentucky HR Independent Contractor Agreement

This Independent Contractor Agreement (the "Agreement") is made and entered into as of [Date] by and between:

[Client Company Full Legal Name], a [State of Incorporation] corporation with its principal place of business at [Client Business Address], hereinafter referred to as "Client,"

and

[Independent Contractor Full Legal Name], residing at [Independent Contractor Address] and/or doing business as [Independent Contractor Business Name (if applicable)], with a business address at [Independent Contractor Business Address (if different)], hereinafter referred to as "Contractor."

1. Scope of Services

Option A: The Contractor shall provide the following HR services to the Client: [Detailed description of HR services, e.g., recruitment, compensation analysis, policy creation, etc.].

Option B: The Contractor shall provide HR services as described in Exhibit A, attached hereto and incorporated by reference.

Detailed Responsibilities: The services include, but are not limited to:

Recruitment and Talent Acquisition: [Specific details, e.g., sourcing candidates, conducting interviews, background checks]

Compensation Benchmarking: [Specific details, e.g., salary surveys, competitive analysis]

Onboarding and Offboarding: [Specific details, e.g., preparing paperwork, conducting exit interviews]

Employee Relations Consultation: [Specific details, e.g., advising on disciplinary actions, handling grievances]

Compliance Audits: [Specific details, e.g., Kentucky Fair Employment Practices Act compliance]

Training and Development Programs: [Specific details, e.g., designing and delivering training]

Policy Creation or Review: [Specific details, e.g., drafting employee handbooks, updating policies]

Performance Management Systems: [Specific details, e.g., designing performance reviews, setting goals]

Wage and Hour Law Consulting: [Specific details related to Kentucky and federal law compliance]

Workforce Projects: [Specific details about any special projects unique to the client]

2. Deliverables, Timelines, and Communication

Option A: The Contractor shall deliver the services according to the following schedule and specifications: [Detailed schedule with milestones, deliverable formats, and reporting intervals].

Option B: The Contractor shall deliver the services according to project plans mutually agreed upon in writing.

Deliverable Standards: The Contractor will deliver work that meets the following standards: [Specific quality requirements, accuracy, and completeness criteria].

Communication Protocols: The Contractor will communicate with the Client via:

Regular in-person meetings: [Frequency and location]

Video calls: [Schedule]

Written reports: [Frequency and format]

3. Work Location and Resources

Option A: The Contractor shall perform the services at the Client's Kentucky location: [Client Business Address].

Option B: The Contractor shall perform the services remotely.

Option C: The Contractor shall perform the services both at the Client's location and remotely, as needed.

Site Access: If work is performed at the Client's site, the Contractor must adhere to the following requirements: [Security protocols, safety regulations, and any specific access procedures].

Use of Client Equipment: The Contractor will use the following Client equipment/systems: [List of equipment and systems].

Physical Document Handling: The Contractor will handle physical employee data and documents according to Kentucky privacy obligations: [Specific requirements and procedures for data protection, storage, transmission, and destruction].

4. Compensation and Payment

Option A: The Contractor shall be compensated at an hourly rate of [Dollar Amount] per hour.

Option B: The Contractor shall be compensated on a per-project basis, as follows: [Project descriptions and associated fees].

Option C: The Contractor shall be paid a retainer of [Dollar Amount] per [Month/Quarter/Year].

Payment Terms: The Client shall pay the Contractor within [Number] days of receiving an invoice.

Invoicing Procedures: The Contractor must submit invoices to [Contact Person/Department] at [Email Address]. Invoices must include: [Specific details required on the invoice, e.g., date, hours worked, project description].

Late Payment Penalties: Late payments will incur a penalty of [Percentage]% per month.

5. Tax Obligations

The Contractor is solely responsible for all applicable Kentucky sales tax (if any) and federal self-employment taxes, including filing all necessary tax returns and remitting payments.

The Client will not withhold any taxes from payments made to the Contractor.

6. Ownership and Intellectual Property

Option A: All HR deliverables and intellectual property developed under this Agreement shall be owned by the Client. The Client has the right to use, adapt, and modify these materials.

Option B: The Contractor retains ownership of the deliverables; however, the client is granted a perpetual license to use the deliverables.

Contractor agrees to assign all right, title and interest in any intellectual property created under this agreement to Client.

7. Confidentiality and Data Security

The Contractor shall maintain the confidentiality of all Client information, including employee data and sensitive business information, in accordance with Kentucky's Personal Information Security and Breach Investigation Procedures and Practices Act.

The Contractor shall implement appropriate security measures to protect data from unauthorized access, use, or disclosure.

Upon termination of this Agreement, the Contractor shall return or destroy all Client data and materials.

8. Non-Solicitation and Non-Compete (If Applicable)

Non-Solicitation: During the term of this Agreement and for a period of [Number] months following termination, the Contractor shall not solicit, directly or indirectly, any employee or client of the Client.

Non-Compete: (To be narrowly tailored and enforceable under Kentucky Law) During the term of this Agreement and for a period of [Number] months following termination, within a geographic area of [Description of Geographic Area], the Contractor shall not engage in the following competitive activities: [List of specific prohibited activities].

9. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. This Agreement does not create an employment relationship under Kentucky law (KRS 337) or IRS guidelines.

The Contractor is solely responsible for their own self-employment taxes, workers' compensation (as client is not responsible for contractor’s insurance), unemployment insurance, health coverage, and compliance with state and federal wage and hour laws.

10. Compliance with Laws

The Contractor shall comply with all applicable Kentucky and federal laws, including anti-discrimination, equal employment opportunity, and wage and hour laws.

Contractor agrees to hold all necessary certifications or registrations required for HR practice in Kentucky.

11. Liability and Indemnification

The Contractor shall be liable for any breach of this Agreement, including failure to deliver services by deadlines, substandard work, breach of confidentiality, or improper handling of employee data.

The Contractor shall indemnify and hold the Client harmless from any claims, damages, or liabilities arising out of the Contractor's performance of services under this Agreement.

Liquidated Damages: In the event of [Specific Event, e.g., breach of confidentiality], the Contractor shall pay liquidated damages of [Dollar Amount] to the Client.

12. Termination

Option A: This Agreement may be terminated by either party upon [Number] days written notice.

Option B: This Agreement shall automatically terminate on [Date].

This Agreement may be terminated for cause, including non-performance, breach of contract, or violation of confidentiality. If required by Kentucky law, the Contractor shall have an opportunity to cure the breach within [Number] days.

Upon termination, the Contractor shall immediately return all Client property and materials.

13. Dispute Resolution

Any disputes arising out of this Agreement shall be resolved through:

Mandatory negotiation between the parties.

If negotiation fails, mediation in [City, Kentucky].

If mediation fails, arbitration or court procedures in [County, Kentucky].

This Agreement shall be governed by the laws of the Commonwealth of Kentucky.

14. Insurance

The Contractor shall maintain appropriate insurance, including professional liability/E&O insurance, with minimum coverage of [Dollar Amount]. Evidence of such insurance shall be provided to the Client upon request.

15. Record Retention

The Contractor shall maintain business records in compliance with Kentucky statutes on employment records and document destruction protocols.

16. Amendments and Waivers

This Agreement may be amended only by a written instrument signed by both parties.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

17. Assignment

The Contractor may not assign or subcontract this Agreement without the prior written consent of the Client.

18. Compliance with Kentucky Labor and Employment Regulations

The Contractor shall comply with all applicable Kentucky labor and employment regulations, including Kentucky Child Labor Laws and wage payment statutes.

If the Contractor handles onboarding, they must adhere to documentation practices for I-9 and E-Verify.

19. Client-Specific Industry Regulations

The Contractor acknowledges that the Client operates in the [Industry Sector, e.g., healthcare] sector in Kentucky and agrees to comply with all relevant industry regulations impacting HR practices.

The Contractor shall stay current with legal and regulatory changes affecting HR services within the state of Kentucky.

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

[Client Company Full Legal Name]

By: [Client Representative Name]

Title: [Client Representative Title]

[Independent Contractor Full Legal Name]

Signature: ____________________________