Worker Classification Clause Samples

Worker Classification. Employer assumes all liability for proper classification of workers as independent contractors or employees based on IRS and other federal, state and local guidelines. Employer and Contractor further acknowledge and agree that the relationship exists specifically and expressly between Employer and Contractor and that no employment relationship exists between Employer and oDesk or Contractor and oDesk. This Agreement does not create a partnership or agency relationship between Employer and Contractor. Contractor does not have authority to enter into written or oral – whether implied or express - contracts on behalf of Employer. Contractor recognizes, acknowledges and agrees that he/she/it is not an employee of oDesk and does not receive any training from oDesk. Contractor acknowledges that oDesk does not, in any way, supervise, direct, or control Contractor’s work or Services performed in any manner. oDesk does not set Contractor’s work hours and location of work. oDesk will not provide Contractor with any equipment, labor or materials needed for a particular Contract. oDesk will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Employer and Contractor will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to Contractor’s performance of Services. For Contracts classified as independent contractor relationships, Employer may not require an exclusive relationship between Employer and Contractor. A Contractor classified as independent contractor is free at all times to provide Services to persons or businesses other than Employer, including any competitor of Employer. For Contracts classified as employer-employee relationships, Employer will manage the Contract through oDesk’s payrolling program, where the Contractor becomes an hourly employee of oDesk’s staffing affiliate and Contractor and Employer must enter into an oDesk User Agreement for Payrolling Program. If Employer elects to not utilize this program, Employer and Contractor shall be solely responsible for all obligations for tax withholding, the payment of taxes and/or providing the benefits associated with an employment relationship. Employer and Contractor agree to indemnify, hold harmless and defend oDesk from any and all claims asserted by Contractor arising out of or related to the independent contractor relationship, includi...

Worker Classification. Upwork will determine the appropriate worker classification (e.g., independent contractor or employee) for each Engagement based on the information that Subscriber and Freelancer provide about the applicable Engagement between them. Determining the proper classification for a Freelancer depends on many factors, including information in Subscriber’s control. Subscriber will provide Upwork with all information requested that is related to the Engagement and the classification of a Freelancer in a timely, accurate, and complete manner and notify Upwork immediately if any such information changes.

Worker Classification. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between QWQER and a User. Customer is solely responsible for and has complete discretion with regard to selection of any Driver for any Delivery. Customer is solely responsible, warrants its decisions regarding classification are correct, and assumes all liability, for determining whether Drivers should be engaged as independent contractors or employees of Customer and engaging them accordingly; QWQER will have no input into, or involvement in, worker classification as between Customer and Driver and Users agree that QWQER has no involvement in and will have no liability arising from or relating to the classification of a Driver generally or with regard to a particular Delivery.

Worker Classification discusses what you agree to concerning whether a Freelancer is an employee or independent contractor.

Worker Classification. Except as would not reasonably be expected to result in material liability for the Company or its Subsidiaries, each Employee, non-employee director and individual consultant of the Company and its Subsidiaries who has been classified by the Company or any of its Subsidiaries as (i) an independent contractor, or (ii) an exempt or non-exempt employee under the Fair Labor Standards Act of 1938 (as amended), is currently, and has been since January 1, 2017 properly so classified under applicable employment law, and no such service providers have, to the Company’s Knowledge, made any challenges against such classification since January 1, 2017. Neither the Company nor any of its Subsidiaries has received in writing any formal or informal determination or advisory opinion from any state or federal regulatory agency, tribunal, or court that any such service provider is improperly classified as an independent contractor or should be reclassified as an employee, or that any such service provider is improperly classified as exempt from federal or state overtime wage requirements. The Company and its Subsidiaries are not, and since January 1, 2017 have not been, a party to any Action before any court or before or by any other Governmental Authority regarding the classification of such service provider under applicable employment law nor, to the Company’s Knowledge, are any such Actions threatened against the Company or any of its Subsidiaries.

Worker Classification. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Company and a User. 15.1.1. Hiring Attorney is solely responsible for and has complete discretion with regard to final engagement of any Freelance Attorney for any Project. Hiring Attorney is solely responsible, warrants its decisions regarding classification are correct, and assumes all liability, for determining whether Freelance Attorneys should be engaged as independent contractors or employees of Hiring Attorney and engaging them accordingly. Company will have no input into, or involvement in, worker classification as between Hiring Attorney and Freelance Attorney and Users agree that Company has no involvement in and will have no liability arising from or relating to the classification of a Freelance Attorney generally or with regard to a particular Project. 15.1.2. Users represent that they are not a party to any other contract or obligation that would prevent them from entering into and performing under this Agreement, and further represent that they are not a party to any other contract or obligation that would result in a violation of any term or provision of Terms of Service.

Worker Classification. Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Company and a User. 15.1.1. Hiring Attorney is solely responsible for and has complete discretion with regard to final engagement of any Freelance Attorney for any Project. Hiring Attorney is solely responsible, warrants its decisions regarding classification are correct, and assumes all liability, for determining whether Freelance Attorney/Paralegals should be engaged as independent contractors or employees of Hiring Attorney and engaging them accordingly. Company will have no input into, or involvement in, worker classification as between Hiring Attorney and Freelance Attorney/Paralegal and Users agree that Company has no involvement in and will have no liability arising from or relating to the classification of a Freelance Attorney/Paralegal generally or with regard to a particular Project. 15.1.2. Users represent that they are not a party to any other contract or obligation that would prevent them from entering into and performing under this Agreement, and further represent that they are not a party to any other contract or obligation that would result in a violation of any term or provision of Terms of Service.

Worker Classification. Upwork will determine the appropriate worker classification (e.g., independent contractor or employee, including application of tax withholding obligations under the UK tax legislation IR35 ("IR35")) for each Engagement based on the information that Subscriber and Freelancer provide about the applicable Engagement between them. Determining the proper classification for a Freelancer depends on many factors, including information in Subscriber’s control. Subscriber will provide Upwork with all information requested that is related to the Engagement and the classification of a Freelancer in a timely, accurate, and complete manner and notify Upwork immediately if any such information changes. If applicable, Upwork will provide a Status Determination Statement ("SDS") required by IR35 to the Freelancer on behalf of the Subscriber. If Subscriber wishes to provide an SDS or designation under IR35 to Upwork and/or the Freelancer, Upwork will work with Subscriber to do so.

Worker Classification