Wisconsin hr independent contractor agreement template

Wisconsin HR Independent Contractor Agreement

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

[Client Legal Name], a [Client Entity Type] organized and existing under the laws of Wisconsin, with its principal place of business at [Client Business Address] (the “Client”), and Wisconsin Entity Registration Number (if applicable) [Client EIN/Registration Number].

and

[Contractor Legal Name], an independent contractor with its principal place of business at [Contractor Business Address] (the “Contractor”).

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

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

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

1. Services

The Contractor shall provide the following HR services to the Client (the "Services"):

• Option A: Talent Acquisition and Recruiting: [Detailed description of recruiting services, including positions, target timelines, and responsibilities].
• Option B: Employee Onboarding/Offboarding: [Detailed description of onboarding/offboarding services, including required documentation and processes].
• Option C: HR Policy Development and Review: [Detailed description of policy development/review services, including specific policies and compliance requirements].
• Option D: Employee Handbook Creation: [Detailed description of handbook creation, including topics and delivery format].
• Option E: Compensation Analysis: [Detailed description of compensation analysis, including methodology and reporting].
• Option F: Labor Law Compliance Audits: [Detailed description of compliance audit, including scope and reporting].
• Option G: Benefits Administration Consulting: [Detailed description of benefits consulting services, including plan selection and employee communication].
• Option H: Performance Management: [Detailed description of performance management implementation and training].
• Option I: Training: [Detailed description of training programs and delivery methods].
• Option J: EEO/ADA/FMLA Guidance: [Detailed description of EEO/ADA/FMLA guidance and compliance support].
• Option K: Workplace Investigations: [Detailed description of workplace investigation services, including process and reporting].

Deliverables:

• Option A: The Contractor shall provide the following deliverables: [List of specific deliverables, reports, documents, etc.].
• Option B: The Contractor shall provide reports on a [Frequency] basis to [Designated Contact Person].

Work Standards: The Contractor shall perform the Services in a professional and workmanlike manner, consistent with industry standards and in compliance with all applicable Wisconsin laws and regulations.

2. Work Location and Data Security

• Option A: The Services shall be performed primarily at the Contractor's place of business.
• Option B: The Services shall require on-site visits to the Client's premises located at [Client Location Address].
• Option C: Remote work is permitted, subject to the Client's data security protocols.

The Contractor shall comply with the Client's security and confidentiality protocols for accessing and storing sensitive HR and employee data, including adherence to Wisconsin and federal privacy laws. Contractor shall immediately notify Client of any data breach or suspected data breach.

3. Independent Contractor Status

The Contractor is an independent contractor and not an employee, partner, or agent of the Client.

The Contractor is solely responsible for all payroll taxes, self-employment tax, workers’ compensation insurance (or valid exemption), and unemployment insurance consistent with Wisconsin Department of Workforce Development standards. The Contractor will provide proof of workers’ compensation insurance or a valid exemption, if applicable, to the Client.

The Contractor is not entitled to any employee benefits from the Client, including but not limited to health insurance, retirement plans, or paid time off.

4. Compensation

• Option A: The Client shall pay the Contractor an hourly rate of [Hourly Rate] per hour for the Services.
• Option B: The Client shall pay the Contractor a fixed fee of [Fixed Fee] for the completion of the Services.
• Option C: The Client shall pay the Contractor a retainer fee of [Retainer Fee] per [Frequency].

Expense Reimbursement:

• Option A: The Client shall reimburse the Contractor for reasonable and necessary expenses incurred in connection with the Services, subject to the Client's expense reimbursement policy. Mileage will be reimbursed at the current Wisconsin state rate.
• Option B: No expenses will be reimbursed.

Invoicing: The Contractor shall submit invoices to the Client on a [Frequency] basis.

Payment Terms: The Client shall pay the Contractor within [Number] days of receipt of a valid invoice.

Late Payment: Late payments shall accrue interest at the rate of [Interest Rate]% per month, or the maximum rate permitted by Wisconsin law, whichever is lower.

5. Intellectual Property

All work product, client materials, documentation, and data produced in connection with the Services shall become the exclusive property of the Client upon payment.

The Contractor shall not use any of the Client's intellectual property for any purpose other than providing the Services.

Upon termination of this Agreement, the Contractor shall promptly return or destroy all Client information in its possession, as per Wisconsin privacy, data retention, and labor laws.

6. Confidentiality and Data Protection

The Contractor shall maintain the confidentiality of all Client information, including but not limited to employee data, payroll information, and financial information, in accordance with applicable Wisconsin state and federal laws, including Wisconsin’s Notice of Breach of Personal Information Security Law, FERPA, and HIPAA (if applicable).

The Contractor shall implement and maintain appropriate security measures to protect the confidentiality and security of Client information.

7. Non-Solicitation and Non-Competition

• Option A: Non-Solicitation: During the term of this Agreement and for a period of [Number] months following the termination of this Agreement, the Contractor shall not solicit, directly or indirectly, any employee or client of the Client.
• Option B: Non-Competition: During the term of this Agreement and for a period of [Number] months following the termination of this Agreement, the Contractor shall not engage in any business that competes with the Client within a [Number] mile radius of the Client's principal place of business. The scope, duration, and geography of any post-engagement restrictions are narrowly tailored as required by Wisconsin Stat. § 103.465.
• Severability: If any provision of this Section is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. (Blue Pencil Provision)

8. Compliance with Laws

The Contractor shall comply with all applicable Wisconsin and federal employment laws, including but not limited to laws regarding protected class compliance, wage and hour regulations, E-Verify practices (if required), and workplace poster/notification obligations.

The Contractor shall adhere to best practices for handling complaints of harassment and discrimination, aligning with Wisconsin Equal Rights Division requirements.

9. Insurance

The Contractor shall maintain general liability insurance, errors & omissions insurance, or professional liability insurance with Wisconsin-compliant minimum coverage of [Amount].

The Contractor shall provide proof of insurance to the Client upon request.

• Option A: The Client shall be named as an additional insured on the Contractor's insurance policy.

10. Liability and Indemnification

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Contractor's negligence, willful misconduct, or breach of this Agreement.

The Contractor shall be directly liable for the actions of its own staff or subcontractors.

11. Termination

• Option A: Termination for Cause: Either party may terminate this Agreement for cause upon written notice to the other party. Cause shall include, but not be limited to, a material breach of this Agreement.
• Option B: Termination for Convenience: Either party may terminate this Agreement for convenience upon [Number] days written notice to the other party.

Upon termination, the Contractor shall promptly transition and handover all HR projects to the Client, ensuring the protection of in-progress employee processes, and the parties shall settle all outstanding amounts or expenses in accordance with Wisconsin business practices.

12. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through negotiation, mediation, and, if necessary, binding arbitration in [County Name] County, Wisconsin, in accordance with the rules of the American Arbitration Association.

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin.

13. Continuing Education & Credential Maintenance

The Contractor is responsible for maintaining professional credentials, such as SHRM or HRCI certifications, if required for the engagement.

14. Subcontracting

• Option A: The Contractor shall not subcontract any of the Services without the prior written consent of the Client.
• Option B: The Contractor is permitted to use subcontractors, subject to the Client's approval of each subcontractor. All subcontractors must comply with Wisconsin's statutory definitions of independent contractors.

15. Assignment

The Contractor shall not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the Client, in accordance with Wisconsin law.

16. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement to the extent that such delay or failure is caused by a force majeure event, as defined under Wisconsin law.

17. 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.

18. Amendments

This Agreement may be amended only by a writing signed by both parties.

19. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

20. Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

21. 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, return receipt requested, or sent by reputable overnight courier service to the addresses set forth above.

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

[Client Legal Name]

By: [Client Authorized Representative Name]

Title: [Client Authorized Representative Title]

[Contractor Legal Name]

By: [Contractor Name]

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