Maryland hr independent contractor agreement template

Maryland HR Independent Contractor Agreement

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

• [Client Name], a [Client Entity Type, e.g., corporation, LLC] with its principal place of business at [Client Address] (“Client”), and

• [Contractor Name], residing at [Contractor Address] (“Contractor”).

1. Services to be Performed

The Contractor agrees to perform the following HR services for the Client:

• Recruitment and Staffing:

• Option A: Full-cycle recruitment, including job posting, screening, interviewing, and offer negotiation.

• Option B: Sourcing candidates using specific platforms and technologies.

• Onboarding:

• Option A: Develop and implement onboarding programs for new hires.

• Option B: Conduct new employee orientation sessions.

• Policy Drafting and Compliance:

• Option A: Draft and update HR policies and procedures to ensure compliance with Maryland and federal laws.

• Option B: Conduct compliance audits to identify areas of non-compliance.

• Employee Relations:

• Option A: Provide guidance and support on employee relations matters.

• Option B: Conduct investigations into employee complaints.

• Compensation Consulting:

• Option A: Developing competitive compensation structures.

• Option B: Conducting salary surveys.

• Performance Management:

• Option A: Develop and implement performance management systems.

• Option B: Provide training on performance management techniques.

• Benefits Administration:

• Option A: Administer employee benefits programs.

• Option B: Assist with benefits enrollment and communication.

• HR Audits:

• Option A: Conduct comprehensive HR audits to assess compliance and identify areas for improvement.

• Employee Handbook Creation:

• Option A: Develop and update employee handbooks to reflect current Maryland and federal laws and company policies.

• Workplace Investigations:

• Option A: Conduct thorough and impartial workplace investigations into allegations of harassment, discrimination, and other misconduct.

• Training:

• Option A: Develop and deliver training programs on various HR topics.

• DEI Initiatives:

• Option A: Develop and implement diversity, equity, and inclusion (DEI) initiatives.

• Compliance Support:

• Option A: Provide ongoing support to ensure compliance with all applicable laws and regulations.

*Deliverable standards, expected outcomes, measurable service milestones, timelines, and regular reporting requirements:* [Description of Deliverables]

2. Location of Services and Data Access

The services will be performed at:

• Option A: Client’s office at [Client Address].

• Option B: Contractor’s office at [Contractor Address].

• Option C: Remotely.

The Contractor will have access to confidential employee and business data as necessary to perform the services. Contractor will comply with all applicable Maryland data privacy laws and protect Client’s trade secrets.

3. Compensation and Payment

• Fee Structure:

• Option A: Hourly rate of [Hourly Rate] per hour.

• Option B: Retainer fee of [Retainer Amount] per month.

• Option C: Project-based fee of [Project Fee] for the entire project.

• Payment Schedule: [Payment Schedule].

• Invoicing Procedures: [Invoicing Procedures].

• Reimbursement Policy for Authorized Business Expenses: [Reimbursement Policy].

• Late Payment Penalties: [Late Payment Penalties].

4. Independent Contractor Status

Contractor is an independent contractor and not an employee of Client. Contractor is responsible for all self-employment taxes, workers' compensation insurance (if required by Maryland law, based on the nature of services or potential for employee-like control), unemployment insurance, and health insurance. The parties agree that this agreement complies with Maryland's laws regarding independent contractors. Contractor understands and agrees that Contractor is not entitled to any employee benefits provided by Client.

5. Intellectual Property

All intellectual property, copyright, and ownership rights in HR policies, documents, reports, and other deliverables created by the Contractor for the Client shall belong to the Client. Client retains ownership of all work product and original company information.

6. Confidentiality and Non-Disclosure

The Contractor agrees to hold confidential all client and employee data, HR records, business operations, client lists, and proprietary information. Contractor will comply with all applicable Maryland privacy statutes. Data breach notification obligations will be handled according to [Describe Data Breach Notification process].

7. Non-Solicitation, Non-Competition, and Non-Interference

• Non-Solicitation: During the term of this agreement and for a period of [Number] months following termination, Contractor shall not solicit employees of Client.

• Non-Competition: During the term of this agreement and for a period of [Number] months following termination, within [Geographic Area], Contractor shall not engage in [Description of Prohibited Activities].

• Non-Interference: Contractor will not interfere with Client’s business relationships.

8. Subcontractors and Third-Party Vendors

The Contractor shall not use subcontractors or third-party vendors without the prior written consent of the Client. Contractor is responsible for ensuring that any subcontractors or vendors comply with the terms of this agreement and all applicable Maryland laws.

9. Indemnification and Limitation of Liability

The Contractor agrees to indemnify and hold harmless the Client from any claims, damages, or liabilities arising from the Contractor’s failure to comply with federal, Maryland, and local employment laws, including but not limited to the Maryland Fair Employment Practices Act, wage and hour laws, and immigration law, or any data security breach, fraud, or negligence.

10. Documentation and Recordkeeping

Contractor will maintain accurate documentation and records in accordance with Maryland’s mandatory personnel records retention and inspection rules. Contractor will cooperate with Client in the event of any audits or legal proceedings.

11. Insurance

The Contractor shall maintain the following insurance coverage:

• Professional Liability Insurance: [Amount]

• Errors and Omissions Insurance: [Amount]

• Cyber/Data Breach Coverage: [Amount]

Contractor will provide proof of current coverage to Client and notify Client of any changes or lapses in coverage.

12. Dispute Resolution

Any disputes arising under this agreement shall be resolved through:

• Option A: Amicable settlement.

• Option B: Mediation in [City, Maryland].

• Option C: Arbitration in [City, Maryland] pursuant to the rules of the American Arbitration Association.

This agreement shall be governed by and construed in accordance with the laws of the State of Maryland. Venue for any legal action shall be in the courts of Maryland.

13. Amendments, Waivers, and Entire Agreement

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. This agreement constitutes the entire agreement between the parties.

14. Term and Termination

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

• Automatic Renewal/Expiration: [Automatic Renewal or Expiration Details].

• Early Termination: Either party may terminate this agreement upon [Number] days’ written notice to the other party.

• Termination for Cause: Client may terminate this agreement immediately for cause, including but not limited to breach of confidentiality, failure to perform services, or violation of law.

• Upon termination, Contractor shall be paid for all services performed up to the date of termination. Contractor shall return or destroy all confidential information and deliver all HR work product to the Client.

15. Compliance with Laws and Professional Standards

Contractor shall comply with all applicable Maryland and federal laws and regulations, including but not limited to background check consent forms, EEO and anti-discrimination training, and I-9 employment eligibility verification. Contractor shall adhere to HR best practices and maintain any required professional certifications.

16. Representations and Warranties

Contractor represents and warrants that Contractor is qualified, licensed (if applicable), and has no conflicts of interest that would prevent Contractor from performing the services. Client represents and warrants that Client will provide Contractor with necessary access to information and personnel.

17. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, or government regulation, provided that the affected party gives prompt written notice to the other party.

18. Assignment

Contractor may not assign this agreement without the prior written consent of Client.

19. Notices

All notices under this agreement shall be in writing and delivered by:

• Option A: Certified mail, return receipt requested.

• Option B: Email.

To the following addresses:

• Client: [Client Address], [Client Email]

• Contractor: [Contractor Address], [Contractor Email]

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

[Client Name]

By: [Client Representative Name]

Title: [Client Representative Title]

[Contractor Name]

By: [Contractor Signature]

Title: Independent Contractor