Independent Contractors and Misclassification By Contributing Employer Sample Clauses

Independent Contractors and Misclassification By Contributing Employer. The Plan does not accept contributions on behalf of, and does not cover under the Plan of Benefits, persons who are deemed to be independent contractors under applicable law. Where contributions to the Plan are based on gross earnings for work in Covered Categories (See paragraph 7 (a)) such earnings must be reported on Form W-2. Earnings by covered Staff Employees must likewise be reported on Form W-2, except as otherwise permitted in the case of Worker Owners under paragraph c. under Department of Labor Regulations. Where a Contributing Employer misclassifies, in the judgment of the Plan, an employee as an independent contractor (as evidenced by issuance of a Form 1099) or misclassifies a staff employee as freelance or vice versa, the Plan has the right to require the Contributing Employer to make all contributions for all work in employment covered by the Plan and may treat the person as if he/she had been properly classified by the Contributing Employer ab initio.
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Independent Contractors and Misclassification By Contributing Employer. The Plan does not accept contributions on behalf of, and does not cover under the Plan of Benefits, persons who are deemed to be independent contractors under applicable law. Where contributions to the Plan are based on gross earnings for work in Covered Categories (See paragraph 7 (a)) such earnings must be reported on Form W-2 except as otherwise permitted under U.S. Department of Labor Regulations or other applicable law. Earnings by covered Staff Employees must likewise be reported on Form W-2, except as otherwise permitted in the case of Working Owners under U.S. Department of Labor Regulations or other applicable law. Where a Contributing Employer misclassifies, in the judgment of the Plan, an employee as an independent contractor (as evidenced by issuance of a Form 1099) or misclassifies a staff employee as freelance or vice versa, the Plan has the right to require the Contributing Employer to make all contributions for all work in employment covered by the Plan and may treat the person as if he/she had been properly classified by the Contributing Employer ab initio.
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Related to Independent Contractors and Misclassification By Contributing Employer

  • Independent Contractor Status of Grantee The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida.

  • Employees and Independent Contractors Party agrees that it shall comply with the laws of the State of Vermont with respect to the appropriate classification of its workers and service providers as “employees” and “independent contractors” for all purposes, to include for purposes related to unemployment compensation insurance and workers compensation coverage, and proper payment and reporting of wages. Party agrees to ensure that all of its subcontractors or sub-grantees also remain in legal compliance as to the appropriate classification of “workers” and “independent contractors” relating to unemployment compensation insurance and workers compensation coverage, and proper payment and reporting of wages. Party will on request provide to the Agency of Human Services information pertaining to the classification of its employees to include the basis for the classification. Failure to comply with these obligations may result in termination of this Agreement.

  • Independent Contractor Status The Sub-Adviser shall for all purposes hereof be deemed to be an independent contractor and shall, unless otherwise provided or authorized, have no authority to act for or represent the Trust or the Advisers in any way or otherwise be deemed an agent of the Fund or the Advisers.

  • Independent Contractor; Workers’ Compensation Insurance The Contractor is performing as an independent entity under this Contract. No part of this Contract shall be construed to represent the creation of an employment, agency, partnership or joint venture agreement between the parties. Neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. The Contractor shall provide all necessary unemployment and workers’ compensation insurance for the Contractor’s employees, and shall provide the State with a Certificate of Insurance evidencing such coverage prior to starting work under this Contract.

  • Benefits of Contractor’s Employees The Contractor understands and agrees that they are solely responsible for shall be liable to all benefits that are provided to their employees, including but not limited to, retirement plans, health insurance, vacation time-off, sick pay, personal leave, or any other benefit provided.

  • Contractor’s Employees B7.1 The Council reserves the right under the Contract to refuse to admit to, or to withdraw permission to remain on, any premises occupied by or on behalf of the Council:

  • Independent Contractor; No Partnership; No Agency; No Utility Services 15.1 Company and Developer shall be independent contractors. This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon any Party. No Party shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party. This Agreement is not an agreement to provide or take utility services of any kind, including, without limitation, interconnection or other electric transmission services.

  • Independent Contractor Relationship SELLER is an independent contractor in all its operations and activities hereunder. The employees used by SELLER to perform Work under this Contract shall be SELLER's employees exclusively without any relation whatsoever to LOCKHEED XXXXXX.

  • Terminating Employees A) When a regular employee with more than twelve (12) months’ service terminates employment, the Employer shall pay for vacation entitlement accrued to the date of termination, less vacation pay if any, paid in accordance with this Article. Such vacation entitlement shall be calculated as follows: Days paid* (excluding overtime) to June 30 (in previous vacation x regular pay) x yearly vacation entitlement 261 +(plus) Days paid* (excluding overtime) to July 1 in the vacation year to the date of termination (inclusive) x regular pay x yearly vacation entitlement 261 * includes leave without pay up to twenty (20) days (reference Article 37 Leave – General)

  • INDEPENDENT CONTRACTOR AGREEMENT THIS CONTRACT is entered into this day of 1998, by and between the COUNTY OF SANTA XXXX, hereinafter called COUNTY, and’ XXXXXX SERVICES CORPORATION called CONTRACTOR. The parties agree as follows:

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