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Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16379
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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I am in the process of preparing a Manager's Agreement Adm

Customer Question

I am in the process of preparing a Manager's Agreement for an Administrator, who are not a member of the Home
Health Care Agency LLC (of Article 36) New York State.
Are their any special provisions to be included in the Agreement?
The duration of the Agreement?
Can the Administrator be an Independent Contractor or an employee?
Are their any other information I would need?
Can I also hire RNs, LPNs, Home Health Aides, etc. as Independent Contractors?
Submitted: 2 years ago via LawDepot.
Category: Employment Law
Expert:  Legalease replied 2 years ago.
Hello there
If you are operating this as an employment agency for temporary health care workers, then you can hire any or all of them as independent contractors and in their contracts, there is no limit on the time period in the contract or any guarantee of continued employment. In NY you can also put a provision in the contract limiting their ability to go to work for any local competitor for up to a year after they leave employment with you.
However, if the Administrator or any other workers will be more than temp agency workers and they will be directly employed by your company or A company, then it may be difficult to pass the IRS test regarding independent contractors who are really employees (the "employer" is trying to use the Independent Contractor rules and laws to pay less taxes and social security payments and if the person you take on as an Independent Contractor can be classified as an employee, then the IRS will hit the company with large fines and penalties for failure to pay taxes on these people). When you are determining what situation rises to the level of someone being an employee rather than an Independent Contractor -- you should look to the level of control that you have over these people. IF they are required to come in and leave the place at a set time every day and their breaks are scheduled and monitored, then the person would most likely rise to the level of an employee unless the length of "employment" was or is just a few weeks or a few months. In the case of an Administrator who you want to be with you for a while (particularly if they are any good), then it may be difficult to classify them as an independent contractor if they have a set schedule each day and week and are expected to be there to run things every day. (Independent Contractors can generally set their own hours and come and go as they please).
Please let me know if you have more questions or if I missed something in my answer that you were seeking. It truly is up to you whether or not to classify them as Independent Contractors or Employees and you are free to put anything in the contract with the Administrator regarding length of employment, salary, vacation and sick time, etc as you please but you should be careful of using the Independent Contractor designation too loosely and too frequently.
If you have no further questions, can you please press a positive rating underneath this ANSWER box so I will be paid for my time assisting you today. I am sorry that it took so long to respond, but this is the first time I have seen this question and so once I did, I took it up for response. I truly and paid nothing unless you press a positive rating below. THANK YOU VERY MUCH