Join Date: Nov 2012
Location: Silver Springs, Nevada
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Official Statement from Nevada UEID on Contracts.
Many of know I have been working on finding out about the degree of control in some of the contracts we are forced to sign....
I took one of the contract's we have took out their name and put ours in it....sent it for approval to our local UEID office.
Keep in mind the determination is strictly for Nevada....
I would suggest that all of you have the contracts you are currently bound to reviewed by your local UEID offices....I do not care what attorney's say the UEID will be the office that comes after you..they can make the determination of the degree of control a contract has over you, your company, your employees....They will also be the one to levy fines against you and your company.
There are a few concerns. The first is the various timeliness factors contained within the agreement. This could imply control, depending on how it is played out. For example, if you provide an individual with a work order, which must be completed within 24 hours, you are then executing control on a daily basis. An independent contractor must be free from direction and control. They must be able to work for others, prioritize their own work, etc.
The second is the non-competition clause on page 7, #21. This clause indicates control, as well as indicating that you and your subcontractors are in the same business.
It is impossible to find that services performed are that of an independent contractor based solely on an agreement. A true investigation would involve both the employer and the independent contractor and would be based on NRS 612.085.
NRS 612.085 “Employment”: Services deemed employment unless specific facts shown. Services performed by a person for wages shall be deemed to be employment subject to this chapter unless it is shown to the satisfaction of the Administrator that:
1. The person has been and will continue to be free from control or direction over the performance of the services, both under his or her contract of service and in fact;
2. The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprises for which the service is performed; and
3. The service is performed in the course of an independently established trade, occupation, profession or business in which the person is customarily engaged, of the same nature as that involved in the contract of service.
[Part 2:129:1937; renumbered in error 2.19:129:1937, 1945, 299; A 1949, 257; 1951, 253; 1951, 474; renumbered 2.9:129:1937 and A 1955, 698]—(NRS A 1993, 1804)
AGAIN THIS IS STRICTLY FOR THE STATE OF NEVADA.
However, they all think alike.....and think about this...everyone keeps insisting on picking a fight you can win....ouch!!!!!!!...BTW the contract I sent in for review is the same contract I did the video series with......so there you have an official determination...our UEID does not recomnend we use this contract as is...should someone file unemployment those issues will come up in favor of the IC being an employee
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