Louisiana hr independent contractor agreement template

Louisiana HR Independent Contractor Agreement

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

[Client Company Legal Name], a [State of Incorporation] corporation with its principal place of business at [Client Company Address] ("Client"), and

[Contractor Legal Name], a [Contractor Business Structure, e.g., Sole Proprietorship, LLC] with its principal place of business/residence at [Contractor Address] ("Contractor").

Client and Contractor agree as follows:

1. Scope of Services

The Contractor shall perform the following HR services for the Client:

• Option A: Recruiting and Onboarding Support
  • Assist with drafting job descriptions compliant with Louisiana and federal law.
  • Source candidates through online platforms and networking events.
  • Conduct initial screening of candidates and schedule interviews.
  • Manage onboarding processes, including paperwork and new hire orientation.
• Option B: Employee Handbook and Policy Development
  • Draft and update employee handbooks and HR policies in compliance with Louisiana and federal employment laws.
  • Conduct legal reviews of existing policies to ensure compliance.
  • Communicate policy updates to employees.
• Option C: Employee Relations Consulting
  • Provide guidance on employee relations matters, including performance management, disciplinary actions, and conflict resolution.
  • Assist with internal investigations of employee complaints.
• Option D: Compliance Risk Assessment
  • Conduct HR compliance risk assessments to identify potential areas of non-compliance.
  • Develop and implement corrective action plans.
  • Advise on compliance with Louisiana Employment Discrimination Law.
• Option E: Payroll Administration Advisory (Consultative Only)
  • Advise on payroll compliance matters, but shall not directly process payroll.
  • Assist with preparing reports for payroll tax compliance.
  • Review payroll processes for accuracy.
• Option F: Benefits Administration Consulting
  • Advise on employee benefits plans, including health insurance, retirement plans, and other benefits.
  • Assist with benefits enrollment and administration.
  • Address compliance requirements of ERISA, COBRA, and HIPAA (where health data is involved).
• Option G: Workforce Training
  • Develop and deliver training programs on topics such as harassment prevention, diversity and inclusion, and performance management.
  • Customize training programs to meet the Client's specific needs.
• Option H: Workplace Investigations
  • Conduct impartial investigations into workplace complaints, including harassment, discrimination, and code of conduct violations.
  • Prepare detailed written reports of findings and recommendations.
• Option I: Employment Law Consulting
  • Provide advice and guidance on employment law matters specific to Louisiana statutes.
  • Keep Client updated on changes in employment laws.

2. Deliverables and Performance

The Contractor shall provide the following deliverables and meet the following performance benchmarks:

• Option A: Deliverables
  • Complete [Number] recruitment cycles per [Time period].
  • Update employee handbook every [Time Period].
  • Provide written reports on investigations within [Number] days of completion.
• Option B: Service Expectations
  • Maintain a response time of [Number] hours for all inquiries.
  • Attend weekly/bi-weekly/monthly meetings with the Client.
  • Provide regular updates on the progress of projects.
• Option C: Timelines and Milestones
  • Complete the employee handbook update by [Date].
  • Conduct training sessions on [Date].
  • Specific Project 1: [Description], Due Date: [Date].
• Option D: Reporting
  • Provide weekly/bi-weekly/monthly reports on HR metrics, such as turnover analysis, time-to-hire, or EEOC compliance.

3. Work Location and Access

• Option A: Work Location
  • Remote
  • Hybrid ([Number] days on-site per week)
  • On-site
• Option B: Access
  • The Contractor shall have access to the Client's HRIS, confidential personnel records, physical workspace, and communication channels as necessary to perform the services.
  • The Contractor agrees to handle all HR data securely and in compliance with Louisiana privacy law and any applicable federal laws.

4. Compensation

• Option A: Payment Model
  • Hourly Rate: [Dollar Amount] per hour
  • Per Project: [Dollar Amount] per project
  • Retainer: [Dollar Amount] per month
  • Milestone: Based on completion of project milestones (detailed in Exhibit A)
• Option B: Payment Schedule
  • Invoices shall be submitted [Frequency, e.g., Bi-weekly, Monthly].
  • Payment shall be made within [Number] days of receipt of invoice.
• Option C: Reimbursable Expenses
  • The Contractor shall be reimbursed for reasonable and necessary business expenses, such as travel and lodging, upon submission of supporting documentation.
• Option D: Tax Compliance
  • The Contractor is responsible for all self-employment taxes and other applicable federal, state, and local taxes. The Client will issue a Form 1099-NEC to the Contractor.
• Option E: Late Payment Penalties
  • Late payments may be subject to a penalty of [Percentage]% per month, as allowed by Louisiana law.

5. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. The Contractor is responsible for all self-employment taxes, insurance, and other expenses. The Contractor is not eligible for employee benefits or workers' compensation. The parties acknowledge and agree that the criteria outlined by the Louisiana Workforce Commission for determining independent contractor status have been considered.

6. Data Privacy, Security, and Confidentiality

The Contractor agrees to comply with Louisiana's Database Security Breach Notification Law and maintain strict confidentiality of personnel records, client trade secrets, and other non-public information. Upon termination of this Agreement, the Contractor shall return or destroy all Client data in a secure manner.

7. Intellectual Property

All written policies, training materials, and reports prepared by the Contractor for the Client shall become the property of the Client, unless otherwise agreed in writing.

8. Non-Solicitation and Non-Competition

• Option A: Non-Solicitation
  • During the term of this Agreement and for [Number] months following termination, the Contractor shall not solicit the Client's employees or customers.
• Option B: Non-Competition
  • During the term of this Agreement and for [Number] months following termination, the Contractor shall not engage in any business that competes with the Client within [Specific Louisiana Parishes], subject to the limitations of Louisiana Revised Statutes 23:921.
• Option C: Non-Disparagement
  • Both parties agree not to disparage each other at any time.

9. Indemnification and Limitation of Liability

The Contractor shall indemnify and hold harmless the Client from and against any claims, damages, or liabilities arising from the Contractor's breach of confidentiality, negligent professional advice, compliance violations, or data breaches. The Client's liability shall be limited to the amount of fees paid to the Contractor under this Agreement, subject to Louisiana law.

10. Insurance

The Contractor shall maintain professional liability (E&O) insurance with minimum coverage of [Dollar Amount], general liability insurance, and cyber liability insurance (if applicable). The Contractor shall provide proof of valid business registration with the Louisiana Secretary of State, if applicable.

11. Subcontracting

The Contractor shall not subcontract any of the services under this Agreement without the Client's prior written consent. Any permitted subcontractors shall be required to comply with the confidentiality provisions of this Agreement.

12. Termination

• Option A: Term
  • This Agreement shall commence on [Date] and continue for a term of [Number] months/years.
• Option B: Termination for Cause
  • The Client may terminate this Agreement for cause upon written notice to the Contractor.
• Option C: Termination for Convenience
  • Either party may terminate this Agreement for convenience upon [Number] days written notice.
• Option D: Post-Termination Obligations
  • Upon termination, the Contractor shall deliver all pending deliverables, return all Client property and information, and cease providing services to the Client.

13. Dispute Resolution

Any disputes arising under this Agreement shall be resolved through good-faith negotiation. If negotiation fails, the parties agree to mediate/arbitrate in [City, Louisiana]. This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, and any legal action shall be brought in the state or local parish courts of Louisiana.

14. Compliance with Laws

The Contractor warrants compliance with all applicable local, state, and federal labor, anti-discrimination, and employment laws affecting HR practice in Louisiana, including the Louisiana Employment Discrimination Law. If applicable, the Contractor will comply with E-Verify.

15. Duty to Update

If agreed upon as part of the Scope of Services, the Contractor will update the Client on changes in law or best HR practices relevant to Louisiana employers.

16. Performance Review and Amendment

Regular performance review meetings will be held [Frequency]. This Agreement may be amended only by a written instrument signed by both parties. Notices shall be given as recognized under Louisiana law.

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

[Client Company Legal Name]

By: [Client Representative Name]

Title: [Client Representative Title]

Date: [Date]

[Contractor Legal Name]

By: [Contractor Name]

Title: [Contractor Title, e.g., Owner, Principal]

Date: [Date]