Independent Contractor Agreement for New York
Generate a independent contractor agreement that complies with New York law — with 3 mandatory clauses and 7 compliance checks built in.
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Key legal considerations
You are generating a New York independent contractor agreement. New York applies a common law control test for worker classification (see Matter of Hertz Corp., 2 N.Y.3d 733). Key factors include: degree of control over how work is performed, opportunity for profit/loss, investment in facilities, permanency of relationship, and whether the work is integral to the hiring entity's business. NOTE: New York's test is different from California's ABC test — NY is more fact-specific and less presumption-based. Include clear independent contractor status, tax responsibility provisions, and ensure the contract does not establish employer-like control.
What's required
Mandatory clauses for a valid independent contractor agreement under New York law.
Independent Contractor Status (NY)
NY common law; Matter of Hertz Corp., 2 N.Y.3d 733 (2004)
Tax and Insurance Responsibility
Independent Contractor Status
IRS 20-factor test; IRC § 3401
What's prohibited
Terms and provisions that are void or unenforceable under New York law.
Provisions establishing employer-like control over the contractor
New York applies a common law test focusing on the degree of control exercised by the hiring entity. Contract provisions that mandate specific hours, work locations, or methods of performance may result in a finding of employment rather than independent contractor status.
Matter of Hertz Corp., 2 N.Y.3d 733 (2004); NY Labor Law
Legal references
Key statutes and regulations that govern independent contractor agreements in New York.
New York Independent Contractor Test
Matter of Hertz Corp., 2 N.Y.3d 733 (2004)
New York applies a common law test focusing on the degree of control exercised over the worker, as well as the worker's opportunity for profit or loss, investment in facilities, and permanency of the relationship.
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NY Department of Labor IC Guidelines
NY DOL Guidelines on Worker Classification
NY DOL guidance on proper worker classification as employee vs. independent contractor.
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IRS Independent Contractor Guidelines
IRS Publication 15-A
IRS guidelines for determining worker classification as employee vs independent contractor.
Compliance checklist
Automated compliance checks for every New York independent contractor agreement.
No employer-like control over contractor
criticalIndependent contractor status clearly established
criticalTax responsibility on contractor
criticalContractor provides own tools and equipment
warning
+3 more compliance checks
Generate to see full reportIndependent Contractor Agreement in other jurisdictions
Frequently asked questions
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