Common use of Actions Affecting Freelancers Clause in Contracts

Actions Affecting Freelancers. Subscriber agrees that it will not request or allow a Freelancer to commence work before the worker classification process (including contracting, if applicable) is complete and both Freelancer and Subscriber have been informed of the result. Subscriber represents and warrants (i) that its benefit plans for U.S.-based employees (including without limitation retirement plans, insurance plans, stock plans, stock option plans, and any plan governed by the Consolidated Omnibus Reconciliation Act (COBRA), the Health Insurance Portability and Accountability Act (HIPAA), and the Employee Retirement Income Security Act (ERISA)) all contain provisions expressly excluding eligibility for individuals who are not paid directly by Subscriber or an Affiliate of Subscriber; (ii) that it will not direct or exercise any control over a Freelancer that is classified as an independent contractor or otherwise act inconsistent with the independent contractor classification; and (iii) that it will not enter into any agreement or provide Freelancers with any document, including provision of a code of conduct or amendment of contract terms, that could affect the worker classification of a Freelancer without prior written approval from Upwork.