Nevada hr independent contractor agreement template

Nevada HR Independent Contractor Agreement

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

• [Client Company Legal Name], a company registered in Nevada, with its principal place of business at [Client Company Address] (“Client”), and
• [HR Independent Contractor Legal Name], an independent contractor with its principal place of business/residence at [HR Independent Contractor Address] (“Contractor”).

1. Scope of Services

The Contractor shall provide the following HR services to Client, tailored to Nevada business practices and laws:

• Option A: Full-service HR support, including but not limited to:
  • Employee recruitment and selection.
  • Onboarding and offboarding.
  • Payroll processing support (excluding payroll disbursement unless specifically authorized in writing).
  • Employee handbook creation and revision, specific to Nevada labor laws.
  • Workplace investigations.
  • Employee relations counseling.
  • Training and compliance audits (including harassment prevention and equal employment opportunity training per NRS Chapter 613).
  • Policy drafting.
  • FLSA overtime guidance.
• Option B: Project-based HR support, focused on:
  • [Specify Project 1]
  • [Specify Project 2]
• Option C: Retainer-based HR support, providing:
  • [Specify Retainer Scope]

Deliverables: [Specify Deliverables]

Reporting Frequency: [Specify Reporting Frequency]

Milestones: [Specify Milestones]

Timelines: [Specify Timelines]

Standards: Compliance with all applicable Nevada regulatory requirements.

2. Work Arrangement

• Option A: Remote Services
  • Contractor will provide services remotely.
• Option B: Hybrid Services
  • Contractor will provide services both remotely and onsite at Client's Nevada-based facilities located at [Facility Address].
  • Site access protocols: [Specify Site Access Protocols]
• Option C: Onsite Services
  • Contractor will provide services primarily onsite at Client's Nevada-based facilities located at [Facility Address].
  • Site access protocols: [Specify Site Access Protocols]

Use of Client Equipment: [Specify Use of Client Equipment]

Confidentiality: Secure handling of confidential HR records in accordance with NRS 603A (Nevada Personal Information Protection Act).

3. Compensation

• Option A: Hourly Rate
  • The Contractor shall be paid an hourly rate of [Hourly Rate].
• Option B: Per Project Fee
  • The Contractor shall be paid a fixed fee of [Project Fee] for the completion of [Specify Project].
• Option C: Monthly Retainer
  • The Contractor shall be paid a monthly retainer of [Monthly Retainer].
• Option D: Blended Rate
  • The Contractor shall be paid a [Hourly Rate] per hour plus a retainer of [Retainer Amount] per month.

Payment Schedule: [Specify Payment Schedule]

Invoicing Requirements: Nevada-specific invoicing requirements.

Business License: [State if business license is required under NRS 76]

Expense Reimbursement: [Specify Expense Reimbursement Policy]

Sales Tax/Gross Receipts Compliance: Contractor is responsible for determining compliance with Nevada sales tax or gross receipts tax.

Late Payment Procedure: [Specify Late Payment Procedure]

4. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client. Contractor acknowledges compliance with Nevada’s “ABC test” (per NRS 608.0155). Contractor is solely responsible for local, state, and federal tax filings, workers’ compensation insurance, unemployment insurance, and any statutorily required business insurances under Nevada law.

5. Proprietary Rights and Confidentiality

All work product, policies, employee manuals, and data generated in the course of services shall remain the property of the Client. Contractor agrees to maintain the confidentiality of all HR records, personnel information, and proprietary materials per NRS 613.075 and NRS 603A.

• Destruction/Return of Records: Upon termination, Contractor shall destroy or return all confidential records.
• Unauthorized Disclosure: Prohibition on unauthorized disclosure of confidential information.
• Data Breach Notification: Contractor acknowledges compliance with Nevada-specific data breach notification requirements.
• Records Retention: Compliance with Nevada records retention standards for HR files.

6. Non-Solicitation and Non-Compete

• Non-Solicitation: Contractor shall not solicit Client’s employees or other contractors during the term of this Agreement and for a period of [Number] months following termination.
• Non-Compete: [Include non-compete language only if enforceable under NRS 613.195, tailored to Nevada’s limitations. Note: Non-compete agreements are strictly construed and often unenforceable in Nevada.]
• Subcontracting:
  • Option A: No Subcontracting Permitted
    • Contractor shall not subcontract any of the services under this Agreement.
  • Option B: Subcontracting Permitted with Approval
    • Contractor may subcontract services with Client's prior written approval. All legal and privacy compliance obligations extend to any permitted subcontractors.

7. Liability and Indemnification

Contractor shall be liable for errors and omissions (including failure to comply with Nevada employment laws).

• Limitation of Liability: [Specify Limitation of Liability]
• Insurance Requirements: Contractor shall maintain professional liability/E&O insurance with a minimum coverage of [Coverage Amount].
• Remedies for Breach: [Specify Remedies for Breach]
• Penalties/Cure Periods: [Specify Penalties or Cure Periods for Infringement of Confidentiality or Data Obligations]

8. Termination

• Option A: Termination with Notice
  • Either party may terminate this Agreement with [Number] days written notice.
• Option B: Termination for Cause
  • Client may terminate this Agreement immediately for breach of contract or violation of Nevada law.

Transition/Handover: [Specify Transition/Handover Procedures for all Client documents and project materials]

Final Compensation: [Specify Final Compensation/Reconciliation Procedures]

9. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of Nevada.

• Dispute Resolution: Good faith negotiation, followed by mediation or binding arbitration in Nevada as per NRS 38.
• Venue: Venue for legal proceedings shall be [Specify County] County, Nevada.

10. Compliance with Nevada Statutes

Contractor shall comply with all relevant Nevada statutes affecting HR services, including labor, anti-discrimination (NRS 613), wage/hour, privacy, attorney general guidance for contractors, and compliance with local ordinances as applicable.

11. Licenses and Business Registrations

Contractor shall provide verification of all required licenses and business registrations required by county or local governments in Nevada for HR consultants. [Specify License Requirements, if any]

12. Background Checks and Drug Screenings

If services involve background checks or drug screenings, Contractor shall comply with Nevada’s “ban the box” and marijuana testing statutes (NRS 613.132).

13. Representations and Warranties

Contractor represents and warrants that it is qualified, holds all appropriate Nevada credentials and professional licenses or certifications as required for HR consulting, and has no conflicts of interest. [Specify Credentials and Certifications]

14. Records Retention, Access, Training, and Cooperation

Contractor shall adhere to Client's records retention policies, access Client HR systems as needed (with appropriate security protocols), train on Nevada-specific employment regulatory requirements, and cooperate with official audits or investigations.

15. General Provisions

• Amendments: Any amendments to this Agreement must be in writing and signed by both parties.
• Assignment: [Specify Assignment Rights]
• Force Majeure: [Specify Force Majeure Events as accepted under Nevada law]
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• 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.
• Notices: All notices under this Agreement shall be in writing and sent to the addresses listed above via [Specify Contact Methods for Official Notifications].

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]

[HR Independent Contractor Legal Name]

By: [Contractor Name]