Wyoming hr independent contractor agreement template

Wyoming HR Independent Contractor Agreement

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

[Client Company Name], a [Client Company Type] organized and existing under the laws of Wyoming, with its principal place of business at [Client Company Address] (“Client”), and

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

1. Scope of Services

Option A: The Contractor shall provide the following HR services to the Client: [Description of HR Services]. This includes, but is not limited to, talent acquisition, onboarding, employee relations, workforce compliance, benefits administration, payroll support, policy development, harassment training, regulatory guidance, and records management.

Option B: The Contractor shall perform the services detailed in Exhibit A, attached hereto and incorporated herein.

Service Deliverables: [Detailed Service Deliverables]

Performance Benchmarks: [Performance Metrics]

Required Qualifications/Certifications: [e.g., SHRM-CP, HRCI-PHR]

Reporting Obligations: [Reporting Frequency, Report Content]

Timelines/Milestones: [Project Deadlines]

2. Work Location and Data Security

Option A: Work will be performed remotely.

Option B: Work will be performed on-site at [Client Location].

Option C: Work will be performed on a hybrid basis.

Use of Client Facilities: [Description of permitted use]

Access to HRIS/Employee Files: [Description of access and security protocols]

Required Equipment and Software: [List of required items]

Security Protocols: Contractor shall comply with all applicable Wyoming data protection statutes and federal privacy regulations, including FCRA and HIPAA (if applicable).

Contractor acknowledges that Wyoming data breach notification law (W.S. § 40-12-501 et seq.) applies to any data breaches.

3. Compensation

Option A: The Contractor shall be paid at an hourly rate of [Hourly Rate] per hour.

Option B: The Contractor shall be paid a retainer of [Retainer Amount] per [Frequency].

Option C: The Contractor shall be paid a per-project fee of [Project Fee] for each completed project.

Payment Terms: [Payment Schedule]

Invoice Timing and Content: [Invoice Frequency, Required Information]

Approval Process for Service Hours: [Description of approval process]

Wyoming Tax Responsibilities: Contractor is responsible for all applicable Wyoming taxes.

Late Fee Provisions: [Late Fee Amount or Percentage]

4. Independent Contractor Status

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

Neither party intends to create an employment relationship.

Contractor is responsible for filing all state and federal taxes, self-employment insurance, and, if required, workers' compensation.

Contractor is responsible for obtaining any necessary business licenses/verifications with the Wyoming Secretary of State.

Contractor is not entitled to employee benefits from the Client.

5. Compliance with Laws

The Contractor shall comply with all applicable Wyoming and federal labor, wage, anti-harassment, anti-discrimination, workplace safety, immigration, workers' rights, payroll, and wage reporting laws.

Specifically, the Contractor shall adhere to the Wyoming Employment Practices Act, the Wyoming Fair Employment Practices Act, and the Wyoming Wage Payment Act.

6. Conflict of Interest

Contractor shall disclose any potential conflicts of interest to the Client.

Contractor shall not work with competing businesses without the Client's prior written consent.

Contractor shall not solicit the Client's employees during the term of this Agreement and for [Number] months after termination.

7. Confidentiality

Contractor shall maintain the confidentiality of all employee data, sensitive company business information, and HR files.

Contractor shall not disclose any confidential information to any third party during or after the term of this Agreement, in accordance with Wyoming data breach notification law (W.S. § 40-12-501 et seq.).

8. Ownership of Work Product

All work product, HR policies, handbooks, training materials, and data compilations created by the Contractor for the Client shall be owned by the Client.

Contractor retains ownership of any pre-existing intellectual property.

9. Limitation of Liability and Indemnification

The Contractor shall indemnify and hold the Client harmless from any claims, damages, or liabilities arising from the Contractor's negligence or willful misconduct.

The Contractor shall maintain professional liability or E&O insurance in the amount of [Insurance Amount].

10. Termination

Option A: This Agreement may be terminated by either party upon [Number] days written notice.

Option B: This Agreement may be terminated by the Client immediately for cause, including breach of confidentiality, failure to comply with laws, or persistent failure to meet deliverables.

Post-Termination Obligations: [Description of handoff procedures]

Return of Property: Contractor shall return all Client property upon termination.

Destruction of Confidential Data: Contractor shall destroy all confidential data upon termination.

Exit Support: [Description of exit support, if any]

11. Dispute Resolution

Any disputes arising under this Agreement shall be resolved through good faith negotiations.

If negotiation fails, the parties may agree to mediation or arbitration in Wyoming.

The exclusive venue for any legal action shall be in the state courts of Wyoming. Wyoming law governs this agreement.

12. Recordkeeping and Reporting

The Contractor shall comply with all local recordkeeping and reporting standards for HR data, including minimum document retention periods as required by Wyoming workforce law.

The Contractor shall cooperate with the Client in any employment eligibility verification or audits.

13. Background Checks

If applicable, the Contractor shall comply with all applicable Wyoming and federal laws regarding background checks.

Contractor is responsible for obtaining and maintaining proper consents for employee background or drug testing services.

14. Non-Solicitation/Non-Compete

Contractor shall not solicit the Client's employees for a period of [Number] months following the termination of this Agreement.

Any non-compete provisions are subject to Wyoming law and must be reasonable in scope and duration. Geographic Scope: [Area], Temporal Scope: [Length of time].

15. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control, including severe weather or natural disasters common to Wyoming.

16. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

17. Amendment

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

18. 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.

19. Severability

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

20. 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 electronically in accordance with the Wyoming Uniform Electronic Transactions Act (UETA) to the addresses set forth above.

Client Notice Address: [Client Notice Address]

Contractor Notice Address: [Contractor Notice Address]

21. Representations and Warranties

The Contractor represents and warrants that they are qualified and competent to perform the services described in this Agreement and that they possess any required professional certifications.

Contractor represents and warrants that it maintains good standing in Wyoming or any other jurisdiction.

22. Professional Certifications & Continuing Education

The Contractor shall maintain all required professional certifications and attend continuing education as necessary to comply with HR industry standards.

23. Tax Exemption (If Applicable)

If the Client is a tax-exempt entity in Wyoming, Contractor's invoices shall be adjusted accordingly.

24. Records Inspection and Audit Rights

Both parties acknowledge that their records may be subject to inspection and audit by government agencies as per Wyoming law. The parties agree to cooperate fully if the Client is subject to audits by the DOL or Department of Workforce Services.

25. Seasonal Fluctuations/Project Surges

Service capacity and fees may be adjusted to account for seasonal fluctuations or project surges prevalent in some Wyoming industries, subject to written agreement between the parties.

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]