New Jersey hr independent contractor agreement template

New Jersey HR Independent Contractor Agreement

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

• [Client Organization Legal Name], a [Client Organization Type, e.g., Corporation] with its principal place of business at [Client Organization Address] ("Client"), and
• [Contractor Legal Name], residing at [Contractor Address] or with its principal place of business at [Contractor Business Address, if applicable] ("Contractor").

WHEREAS, Client desires to engage Contractor to provide certain HR services; and

WHEREAS, Contractor desires to provide such services to Client as an independent contractor.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Scope of Services

• Contractor shall provide the following HR services to Client:
• Option A: [Describe HR Service 1, e.g., Recruitment for Sales Positions] Deliverables: [Describe Deliverables, e.g., Shortlist of 3 Qualified Candidates per Open Position]. Standard: [Describe Service Standard, e.g., Candidates Meet Minimum Qualifications Listed in Job Description]. Deadline: [Specific Date or Timeframe]. Reporting: [Reporting Frequency, e.g., Weekly Progress Reports].
• Option B: [Describe HR Service 2, e.g., Development of Employee Handbook]. Deliverables: [Describe Deliverables, e.g., Complete Employee Handbook Compliant with NJ Law]. Standard: [Describe Service Standard, e.g., Handbook Approved by Client Legal Counsel]. Deadline: [Specific Date or Timeframe]. Reporting: [Reporting Frequency, e.g., Draft for Review in 2 Weeks].
• Option C: [Describe HR Service 3, e.g., Conduct Workplace Investigation of Harassment Claim]. Deliverables: [Describe Deliverables, e.g., Written Investigation Report with Findings and Recommendations]. Standard: [Describe Service Standard, e.g., Investigation Conducted Impartially and in Compliance with NJLAD]. Deadline: [Specific Date or Timeframe]. Reporting: [Reporting Frequency, e.g., Preliminary Findings Within 5 Business Days].
• Contractor shall perform services in a professional and workmanlike manner.

2. Work Location and Access

• Option A: Contractor shall perform the services remotely.
• Option B: Contractor shall perform the services primarily on-site at Client’s premises located at [Client Address]. Contractor shall adhere to all Client’s workplace policies while on-site.
• Option C: Hybrid arrangement: [Describe the hybrid arrangement, specifying which services are remote vs on-site].

Contractor's access to secure client systems and handling of sensitive HR data shall be governed by a separate Confidentiality Agreement (see Section 6).

3. Compensation and Payment

• Option A: Contractor shall be paid at an hourly rate of [Hourly Rate] per hour.
• Option B: Contractor shall be paid a fixed fee of [Fixed Fee] for the completion of [Specific Project].
• Option C: Contractor shall be paid [Retainer Fee] per month as a retainer. Additional work will be billed at [Hourly Rate] per hour.

Contractor shall submit invoices to Client [Invoice Frequency, e.g., Monthly]. Payment is due within [Number] days of invoice receipt.

Expense Reimbursement: Client shall reimburse Contractor for pre-approved reasonable expenses, provided Contractor submits receipts.

Contractor is responsible for all applicable New Jersey taxes, including but not limited to New Jersey Gross Income Tax and federal self-employment taxes. Contractor will receive a 1099 form.

Late Payment: Payments not received within [Number] days of the due date shall be subject to a late fee of [Percentage]% per month.

4. Independent Contractor Status

• It is the express intention of the parties that Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of Client.
• Contractor shall be solely responsible for all self-employment taxes and insurance, including workers' compensation (if required under NJ Statutes Title 34) and unemployment insurance.
• Contractor is not eligible for any employee benefits offered by Client.
• Contractor controls the manner and means by which the services are performed.

5. Term and Termination

• Option A: This Agreement shall commence on [Start Date] and shall continue until [End Date].
• Option B: This Agreement shall commence on [Start Date] and shall continue until the completion of the Services outlined in Section 1.

Either party may terminate this Agreement for convenience upon [Number] days written notice to the other party.

Client may terminate this Agreement for cause immediately upon written notice if Contractor materially breaches this Agreement.

Upon termination, Contractor shall return all Client property and shall cease all work for Client. Final payment will be made within [Number] days, subject to NJ law.

6. Confidentiality and Privacy

• Contractor acknowledges that during the term of this Agreement, Contractor may have access to confidential information of Client, including employee data, financial information, and trade secrets.
• Contractor shall maintain the confidentiality of all such information and shall not disclose it to any third party without Client’s prior written consent, in accordance with New Jersey's Identity Theft Prevention Act and federal data privacy laws.
• Contractor's data retention practices must align with Client's data security protocols and legal requirements.
• This confidentiality obligation shall survive the termination of this Agreement.

7. Intellectual Property

• All intellectual property created by Contractor in connection with the services provided under this Agreement, including but not limited to documentation, training materials, and reports, shall be the sole and exclusive property of Client.
• Client shall have the right to use such intellectual property for any purpose.

8. Non-Solicitation and Non-Competition

• During the term of this Agreement and for a period of [Number] months following termination, Contractor shall not solicit, directly or indirectly, any employee, client, or job candidate of Client.
• During the term of this Agreement, Contractor shall not perform services for any business that directly competes with Client within [Geographic Area, e.g., New Jersey]. (Note: This clause must be narrowly tailored to be enforceable under New Jersey law).

9. Liability and Indemnification

• Contractor shall be liable for any damages caused by Contractor’s negligence or willful misconduct in the performance of the services.
• Contractor shall indemnify and hold harmless Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to Contractor’s breach of this Agreement.
• Contractor shall maintain professional liability insurance with a minimum coverage of [Dollar Amount] per occurrence.

10. Dispute Resolution

• The parties shall attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiations.
• If the parties are unable to resolve the dispute through negotiation, they shall submit the dispute to mediation in [City, NJ].
• Any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts located in [County, NJ]. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.

11. Compliance with Laws

• Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to the New Jersey Law Against Discrimination (LAD) and the Conscientious Employee Protection Act (CEPA).
• Contractor shall maintain all required permits and business registrations to operate as an HR consultant in New Jersey.

12. Miscellaneous

• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by a force majeure event.
• Notice: All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail, registered or certified, postage prepaid, addressed to the other party at the address set forth above.
• Amendment: This Agreement may be amended only by a written instrument signed by both parties.

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

[Client Organization Legal Name]

By: [Client Representative Name]

Title: [Client Representative Title]

[Contractor Legal Name]

By: [Contractor Name]