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Hourly Independent Contractor Agreement for the United States

Hourly Independent Contractor Agreement Template for United States

This agreement is a legally binding contract used in the United States to establish an hourly-based independent contractor relationship between a business and a service provider. It outlines the scope of services, payment terms, and clearly defines the contractor's status as an independent entity rather than an employee. The agreement includes provisions compliant with U.S. federal and state labor laws, tax requirements, and addresses key aspects such as intellectual property rights, confidentiality, and termination conditions.

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Hourly Independent Contractor Agreement

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What is a Hourly Independent Contractor Agreement?

The Hourly Independent Contractor Agreement is essential for businesses in the United States engaging external service providers on an hourly basis. This document helps ensure compliance with IRS guidelines and labor laws by clearly establishing the independent nature of the relationship. It protects both parties by defining payment terms, scope of work, and responsibilities while maintaining appropriate separation from employer-employee relationships. The agreement is particularly valuable for projects requiring flexible timing and variable workloads, where services are compensated based on actual hours worked rather than fixed project fees.

What sections should be included in a Hourly Independent Contractor Agreement?

1. Parties: Identifies the contracting parties and their basic information

2. Background: Brief context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of services to be provided by contractor

5. Payment Terms: Hourly rate, payment schedule, and invoicing requirements

6. Independent Contractor Status: Explicit declaration of independent contractor relationship and compliance with relevant laws

7. Term and Termination: Duration of agreement and termination provisions

8. Taxes and Benefits: Clarification of tax responsibilities and exclusion from benefits

9. General Provisions: Standard legal provisions including governing law and notices

What sections are optional to include in a Hourly Independent Contractor Agreement?

1. Non-Compete: Restrictions on competing activities during and after the agreement term

2. Non-Solicitation: Restrictions on soliciting employees or clients of the company

3. Equipment and Expenses: Provisions for equipment use and expense reimbursement policies

4. Insurance Requirements: Specific insurance coverage requirements for the contractor

What schedules should be included in a Hourly Independent Contractor Agreement?

1. Schedule A - Scope of Services: Detailed breakdown of services and deliverables

2. Schedule B - Rate Sheet: Detailed breakdown of hourly rates and payment terms

3. Schedule C - Project Timeline: Timeline for specific deliverables or milestones if applicable

4. Form W-9: Required tax identification form for U.S. contractors

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Cost

Free to use
Clauses




























Industries

Internal Revenue Code (IRC): Federal tax legislation governing contractor classification, tax withholding, and reporting requirements

Fair Labor Standards Act (FLSA): Federal law establishing standards for worker classification and employment relationships

Civil Rights Act: Federal legislation ensuring non-discrimination in contractual relationships

Immigration Reform and Control Act: Federal law governing work authorization and verification requirements

State Labor Codes: State-specific laws governing employment and contractor relationships within each jurisdiction

IRS 20-Factor Test: Common law test used by the IRS to determine worker classification status

Economic Reality Test: Legal framework examining the economic relationship between parties to determine worker status

ABC Test: Three-pronged test used in some states (e.g., California) to determine independent contractor status

State Unemployment Insurance Laws: State-specific regulations regarding unemployment insurance coverage and obligations

State Workers' Compensation Laws: State-specific requirements for workers' compensation insurance and coverage

Intellectual Property Laws: Federal and state laws governing the ownership and protection of work product and inventions

Contract Common Law: Legal principles governing contract formation, enforcement, and interpretation

Trade Secret Laws: Federal and state legislation protecting confidential business information

Industry-Specific Regulations: Particular rules and requirements applicable to specific industries or professions

State Non-Compete Laws: State-specific restrictions and requirements regarding non-compete and non-solicitation provisions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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