Independent Contractor Agreement
(Pro-Service Recipient) (NV)

Summary

This template is a Nevada specific independent contractor agreement that sets forth the terms and conditions under which an independent contractor will perform services for a customer. This template contains practical guidance, drafting notes, and alternate and optional clauses. This template has been drafted with terms that favor the client receiving the services and is intended for private employers. Its language has been customized to comply with Nevada and federal law. As a result, the text of this template differs from the non-jurisdictional Independent Contractor Agreement (Pro-service Recipient). The terms "Contractor" and "Client" are used to help avoid the parties' relationship being characterized as an employee/employer relationship. Note, however, that the key determination of whether a worker is characterized as an employee or independent contractor hinges on control. The more a client controls a contractor, the more likely an employee/employer relationship will be found to exist instead of a client/independent contractor relationship. The determination of whether a worker is properly classified as an employee or an independent contractor faces different scrutiny and has different considerations in various labor areas, such as for unemployment and disability insurance requirements, income tax withholdings, and workers' compensation claims. In general, the basic questions revolve around the right to control the contractor performing the services. Nevada does have unique classifications in minimum wage and overtime laws. You should therefore consult both relevant federal and state laws to ensure compliance with applicable law. For a full listing of key content covering independent contractor considerations, see Independent Contractor Resource Kit. For more information on Nevada's independent contractor laws and classification issues, see Independent Contractors (NV), Independent Contractor Tests and Risks of Worker Misclassification, and Independent Contractor and Employee Classification: Special Tax Issues. For additional guidance on drafting an independent contractor agreement, see Independent Contractor Agreements: Major Negotiation, Drafting, and Legal Issues, Supply of Services, and General Terms and Conditions for Services (Pro-Customer).