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Independent Contractor Agreement

Independent Contractor Agreement. Duties of the independent contractor Compensation and payment Non-disclosure provision(s) Tax Obligations Skill set required for the project Obligations for expenses and equipment. Indemnification obligations

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Independent Contractor Agreement

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  1. Independent Contractor Agreement Duties of the independent contractor Compensation and payment Non-disclosure provision(s) Tax Obligations Skill set required for the project Obligations for expenses and equipment Indemnification obligations Conflict of Interests/ Contractor’s Warranties/ Guarantees Non-solicitation Ownership of product created Deadline for project completion Confidentiality

  2. Independent Contractor Agreement • Conflict of Interests/Representations • No outstanding agreement/obligation • Not currently retained by a competing entity • Contractor’s Warranties/Guarantees • Original Work, Design etc.

  3. Independent Contractor Agreement • Ownership of product/invention created • Work for Hire • Non-disclosure

  4. Independent Contractor Agreement • Confidentiality • Proprietary Information • Trade Secrets • Technical Data • Know-How

  5. Independent Contractor Agreement • Indemnification obligations • Independent Contractor • Company

  6. WAGE/HOUR EMPLOYEE CLASSIFICATION ENFORCEMENT AGENCIES/LAWS • FEDERAL: • The Fair labor Standards Act (FLSA) • Dept. of Labor • STATE: • California Labor Code • Industrial Wage Orders

  7. WAGE/HOUREMPLOYEE CLASSIFICATION CONSEQUENCES OF MISCLASSIFICATION • Unpaid overtime • Civil Penalties • Interest (10%) • Attorneys’ Fees • Court Costs • Injunctive Relief (Audit) • Statute of Limitations (Four Years)

  8. WAGE/HOUREMPLOYEE CLASSIFICATION Verdicts & Settlements FEDEX $5.3 M & Counting in Compensation; $319 million in taxes SIEBEL SYSTEMS $27.5 M IBM $65M

  9. WAGE/HOUREMPLOYEE CLASSIFICATION MYTH OR TRUTH • A salaried employee = an exempt employee • A manager = an exempt employee • Independent Contract’s Intent = Compliance • Computer Analyst = Exempt

  10. Thank you! Elise R. Vasquez, Esq. Ropers Majeski Kohn & Bentley 50 W. San Fernando Street, Suite 1400 San Jose, CA 95113 P. (408) 287-6262 F. (408) 918-4501 evasquez@rmkb.com www.rmkb.com

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