Agency Team Contracts: Employees vs. Contractors

Employee vs. Contractor Classification IRS and DOL tests focus on control, financial relationship, and type of relationship. Misclassification carries severe penalties. Employee Agreements Need IP assignment clauses Non-compete provisions (where legal) Confidentiality obligations At-will employment terms Contractor Agreements Need Independent contractor statement Work-for-hire IP transfer Project-specific scope Payment terms (milestone or project-based) Best Practices When in doubt, classify as employee to avoid penalties. Consult employment attorney for borderline cases.

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