EMPLOYMENT LAW

Independent Contractor Agreement

One of the most commonly misunderstood and litigated employment issues is whether an individual is an employee or an independent contractor. The legal distinction is important, in that the employer-employee relationship imposes certain obligations on the employer under labor laws, employment tax laws, and pension laws. For example, generally employers are responsible for their employee’s negligent conduct, whereas one who hires an independent is not. As such, misclassification of an employee as an independent contractor can create substantial liability for the employer. It is important to underscore that merely classifying a worker as an “independent contractor”, is not enough to create an independent contractor relationship. Instead, Texas courts apply the “right to control test”, which essentially holds that an individual is an employee if the one who hired him/her has the right to control the worker’s progress, details, and the means/methods of the work. Further, the test looks at the “right to control” not whether control was actually exerted. When applying the “right to control test”, Texas courts generally hold that the individual is an employee as opposed to an independent contractor if the one who hired the worker: (1) dictates when and where to begin and stop work; (2) regulates the individual’s work hours; (3) controls the amount of time the individual spends on particular aspects of the work; and (4) furnishes tools, equipment, uniforms, business cards, and other necessities needed to perform the work. Other factors Texas courts may consider in concluding that an individual is an employee as opposed to an independent contractor include whether the one who hired the individual can: (1) require compliance with instructions; (2) provide training; (3) integrates the individual’s services into the business; (4) prevent the individual from subcontracting his/her services to another; (5) hires and/or pays for the individual’s helpers or assistants; (6) enters into a continuing relationship as opposed to a one-time service; (7) requires the individual to work full-time as opposed to allowing the individual to control his/her own schedule; (8) pays the individual weekly or monthly, as opposed for a particular service; and (9) restricts the individual’s right to work for others.

Although having a worker sign an Independent Contractor Agreement is not enough standing alone to create an independent contractor relationship, it is the first step to establishing that the individual is an independent contractor.

Lovein Ribman’s employment attorneys are well versed in all types of independent contractor agreements and routinely counsel businesses of all sizes on independent contractor agreements and the creation/modification of agreements.

If you are in the process of hiring an independent contractor or want to learn more about the independent contract relationship, please call us at (888) 368-2483 for a free no-obligation consultation.

Texas Employment Law Attorneys

SUBMIT THIS SIMPLE FORM OR CALL (888) 368-2483 TO TALK TO one of our EMPLOYMENT law ATTORNEYs

Robert M. Lovein

About the Author

Robert M. Lovein is the Managing Partner at Lovein Ribman, P.C. , a Texas-based construction law firm.

He is Board Certified in Construction Law by the Texas Board of Legal Specialization and brings nearly 30 years of experience representing contractors, business owners, and professionals across Texas.

Submit this Simple Form or Call (888) 368-2483 to Talk to a Construction Attorney
It is because of attorney David McDevitt and his firm Lovein Ribman and associates, we sleep sound at night with all our real estate matters/investments. Like they say you are in GOOD HANDS, it is real over here for sure. Please consider this as the highest satisfaction and compliment I have ever given anyone. The key problem in real estate/construction law/litigation issues is that customers simply don't know who are the best firms with best knowledge. David McDevitt and his firm knows how to protect/preserve their client interests at all costs. I have contacted atleast 20-30 firms before signing up with Lovein Ribman. I felt many other firms simply didn't have the right understanding of real estate law until I met Robert Lovein and David McDevitt. When I spoke to Robert Lovin and David McDevitt for just 15 mins, it was very clear to me how fast they grasp the issues and dig details in to the issues and have the professional sight/acumen/judgement that is unmatched anywhere else in DFW area.
- KPRR Custom Homes
Chambers Spotlight 2026
"Very knowledgeable diligent attorneys, very skilled at resolving construction related payment issues. They have handled several complex issues for our company, and we have been very satisfied with their results."
- S. L. Hayden Construction, Inc.
We had been in search of legal advice for our business from a day-to-day perspective. We struggled to find a service that was responsive enough to be useful...until we stumbled across Lovein Ribman. We've finally found the partner we've been looking for!
- Bart Peterschick
american-institute-legal-advocates-2020
"This firm is very professional and timely. We have been working with them for 13+ years and will continue to do so. Couldn't recommend a better team of lawyers to work with. They are on your side!"
- RECS Rental Equipment
"Very good law firm, they helped me with a case and thanks to the experience of the lawyer Robert Lovein, everything was resolved, thank you, super recommended lawyer!"
- Blue Lake Roofing & Remodeling, LLC
Best-Law-Firms-Standard-Badge-sm
Lovein Ribman is so professional, knowledgeable and their attorneys were kind throughout our very unique case involving a construction accident during the building of a facility at our church. My husband was injured while volunteering. They promptly responded to all of our questions and guided us every step of the way while working diligently for a successful resolution. Love this firm!
- Wendy M.
board-cert-construction-rn-white
DFW Metroplex

1225 S. Main Street, Suite 200
Grapevine, Texas 76051

(817) 442-5106

Fort Worth

2100 N. Main Street, Suite 214
Fort Worth, Texas 76164

(817) 442-5106

Austin

919 Congress Avenue, Suite 1220
Austin, TX 78701

(512) 215-2777

Houston

2800 Post Oak Blvd., Suite 5600
Houston, Texas 77056

(346) 291-5106

(BY APPOINTMENT)