Nebraska hr independent contractor agreement template
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How Nebraska hr independent contractor agreement Differ from Other States
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Nebraska specifically uses the IRS 20-factor test to determine independent contractor status, which affects HR compliance requirements.
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Unlike some states, Nebraska does not require contractors to register with the Department of Labor unless they work in construction.
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In Nebraska, contractors must provide a written contract for certain services to avoid the presumption of employer-employee relationships.
Frequently Asked Questions (FAQ)
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Q: Is a written contract required for HR independent contractors in Nebraska?
A: Yes, a written agreement is recommended and sometimes required to clarify the working relationship and responsibilities.
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Q: Does Nebraska mandate worker classification reporting for HR contractors?
A: Nebraska requires proper worker classification and may impose penalties for misclassification of contractors versus employees.
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Q: Can Nebraska HR independent contractor agreements include non-compete clauses?
A: Yes, but such clauses must be reasonable and enforceable under Nebraska law to be valid.
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Nebraska HR Independent Contractor Agreement
This Nebraska HR Independent Contractor Agreement (the “Agreement”) is made and entered into as of this [Date], by and between:
[Client Company Name], a [State] [Entity Type] with its principal place of business at [Client Company Address], hereinafter referred to as “Client,” and
[Contractor Name], residing at [Contractor Address], hereinafter referred to as “Contractor.”
1. Services to be Performed
Contractor agrees to provide the following HR services to Client:
Option A: Recruiting Services:
Including but not limited to sourcing candidates, screening resumes, conducting initial interviews, and coordinating with hiring managers for [Specific Role Type] positions. Deliverable standards include filling [Number] positions within [Number] weeks and maintaining a candidate satisfaction rating of at least [Percentage]%.
Option B: Employee Relations Support:
Providing guidance on employee performance issues, conducting investigations into employee complaints, and developing employee relations policies. Deliverable standards include resolving employee complaints within [Number] business days and achieving a [Percentage]% reduction in employee grievances within [Time Period].
Option C: HR Policy Development:
Developing and updating HR policies and procedures in compliance with Nebraska and federal law, including policies on anti-discrimination, harassment, and leave. Deliverable standards include creating [Number] new policies per quarter and ensuring all policies are reviewed and updated annually.
Option D: Compensation and Benefits Administration:
Assisting with the design, implementation, and administration of employee compensation and benefits programs.
2. Term and Termination
Option A: Term:
The term of this Agreement shall commence on [Start Date] and shall continue until [End Date].
Option B: Termination:
Either party may terminate this Agreement upon [Number] days written notice to the other party.
This Agreement may be terminated immediately by Client if Contractor materially breaches this Agreement, violates any applicable law, or engages in unethical conduct.
This Agreement may be terminated immediately by Contractor if Client materially breaches this Agreement, creates a hostile work environment, or fails to pay Contractor according to the terms outlined in Section 4.
3. Work Location and Resources
Option A: Work Location:
Services shall be performed [On-site at Client's Nebraska facilities / Remotely / Hybrid - Specify details: e.g., 2 days on-site per week].
Option B: Access to Resources:
Client shall provide Contractor with access to necessary personnel, systems, and data to perform the services. Contractor will be granted access to [Specific Systems/Data].
Option C: Security Requirements:
Contractor shall maintain the confidentiality of all Client information and shall comply with Client’s security policies, including [Specific Security Policies, e.g., password protocols, data encryption].
4. Compensation and Payment
Option A: Fee Structure:
Contractor shall be compensated at a rate of [Dollar Amount] per [Hour/Project/Retainer]. Minimum billing increment is [Time, e.g., 15 minutes].
Option B: Invoicing and Payment:
Contractor shall submit invoices to Client on a [Frequency, e.g., bi-weekly] basis. Client shall pay invoices within [Number] days of receipt. Method of payment: [Check/ACH Transfer].
Option C: Expenses:
Contractor shall be reimbursed for pre-approved travel and other expenses in accordance with Client’s expense reimbursement policy. Receipts are required for all expenses exceeding [Dollar Amount].
5. 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 (or occupational accident insurance if applicable), and personal income tax.
Client will not provide Contractor with employee-type benefits, including health insurance, paid time off, or retirement plans.
Contractor has control over work processes and schedules, subject to project deadlines and Client's reasonable requests.
6. Ownership and Intellectual Property
All work products, documentation, and intellectual property created by Contractor for Client shall be owned exclusively by Client.
Contractor shall maintain the confidentiality of all Client information and shall not disclose such information to any third party.
The provisions of this section shall survive the termination of this Agreement.
7. Compliance with Laws
Contractor shall comply with all applicable federal and Nebraska laws, including but not limited to:
Nebraska Fair Employment Practice Act.
Wage payment and collection statutes.
Unemployment insurance regulations.
Data privacy mandates.
EEOC regulations.
Federal and Nebraska Department of Labor guidance.
8. Liability and Indemnification
Contractor shall be liable for any damages caused by Contractor’s negligence or willful misconduct.
Contractor shall indemnify and hold Client harmless from any claims, losses, or expenses arising out of Contractor’s performance of services under this Agreement, except to the extent caused by Client's own negligence or willful misconduct.
Liability shall be limited to [Dollar Amount or specific exclusion, e.g., Contractor's professional liability insurance coverage].
9. Dispute Resolution
Any disputes arising out of this Agreement shall be resolved through negotiation, mediation, and/or arbitration before litigation.
This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska.
The courts of the State of Nebraska shall have exclusive jurisdiction over any disputes arising out of this Agreement.
10. Non-Solicitation and Non-Competition
Option A: Non-Solicitation:
During the term of this Agreement and for a period of [Number] months following its termination, Contractor shall not solicit, recruit, or hire any employee of Client.
Option B: Non-Competition:
During the term of this Agreement and for a period of [Number] months following its termination, Contractor shall not engage in any business that is directly competitive with Client’s business within a [Radius] mile radius of Client’s principal place of business in Nebraska. This is limited to [Specific HR services provided by Client and prohibited to the Contractor].
11. Subcontracting and Assignment
Contractor shall not subcontract or assign any of its duties under this Agreement without the prior written consent of Client.
12. Entire Agreement and Amendment
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
This Agreement may be amended only by a writing signed by both parties.
Electronic execution of this Agreement is permitted.
13. Conflicts of Interest
Contractor shall disclose any conflicts of interest with respect to working for other Nebraska employers, HR firms, or competitors.
14. Notices
All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, or sent by email to the addresses set forth above.
15. Nebraska-Specific Notices and Disclaimers
Contractor acknowledges its rights and responsibilities under Nebraska's wage payment law and understands its eligibility for unemployment benefits as an independent contractor is limited under Nebraska law. Client disclaims any employer responsibility for unemployment claims by Contractor.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Client Company Name]
By: [Client Representative Name]
Title: [Client Representative Title]
[Contractor Name]
By: [Contractor Name]