[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-282939-105":53,"doc-detail-282939-en":126},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":119,"head_meta":121,"extra_data":123,"updated_unix":125},105,"en","memorandum-sample-contract-for-independent-contractor-relations","Memorandum - Sample Contract for Independent Contractor Relations","","Memorandum supporting a sample contract for agency providers to use when establishing independent contractor relationships with individual providers who deliver home support services in the provider’s own home. The guidance centers on U.S. Department of Labor interpretations and fact sheets distinguishing independent contractors from employees, and specifies eligibility conditions under a Home and Community Waiver Program or similar Services Program. It outlines ideal economic and operational circumstances, agency oversight limits, and compliance precautions, including recommended avoidance of “red flag” arrangements.",{"@graph":63,"@context":118},[64,80,101],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/memorandum-sample-contract-for-independent-contractor-relations/282939/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/memorandum-sample-contract-for-independent-contractor-relations/282939.png","ImageObject",442,249,{"name":88,"@type":89},"4398046744996","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-19","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":79},"InteractionCounter",{"@type":100},"ViewAction",{"@type":102,"mainEntity":103},"FAQPage",[104,110,114],{"name":105,"@type":106,"acceptedAnswer":107},"What is the purpose of the sample contract in this memorandum?","Question",{"text":108,"@type":109},"It provides sample contract terms to help agencies align with U.S. Department of Labor guidance on when a provider should be treated as an independent contractor rather than an employee.","Answer",{"name":111,"@type":106,"acceptedAnswer":112},"When can the sample contract be used?",{"text":113,"@type":109},"It is intended for situations where the consumer is living in the provider’s own home. If the consumer is not living in the provider’s home, the sample contract should not be used.",{"name":115,"@type":106,"acceptedAnswer":116},"What types of circumstances support an independent contractor relationship?",{"text":117,"@type":109},"The memorandum lists conditions such as the provider operating as a self-employed approved provider, contracting freely with other agencies, maintaining other business activities without interference, and bearing profit and loss while exercising control over the schedule and performance subject to oversight and applicable requirements.","https://schema.org",{"og:url":78,"og:type":120,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":122,"canonical":78},"index,follow",{"doc_id":124,"site_id":56},282939,1790439680,{"code":4,"msg":5,"data":127},{"doc_id":124,"user_id":128,"nickname":88,"user_avatar":60,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":129,"file_id":130,"file_url":131,"file_type":132,"file_size":133,"view_count":79,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":134,"language":135,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":136,"faqs":137,"seo_title":138,"seo_description":61,"update_tm":139,"read_time":73},4398046744996,"Memorandum  \nSample Contract for Independent Contractor Relations with Providers Providing Home Support Services in the Provider’s Home1  \nThe attached Sample Contract is intended for use by agency providers as a template in developing agency contracts with individual providers, who are providing home support services to consumers in the provider’s own home, under a Home and Community Waiver Program or similar program (the “Services Program”) . The terms used to describe these living arrangements vary from state to state, sometimes being referred to as “shared living,” “host home,”“lifesharing,” and “adult foster care.” To avoid confusion in the Sample Contract, the individual provider is simply referred to as “Contractor.”  \nThe Sample Contract is designed to conform only with guidance provided by the U.S. Department of Labor and is not designed to conform with the laws and regulations of individual States. Neither the Sample Contract northis memorandum can be relied on as legal advice or tax advice.  \nDOL Guidance. The purpose of the Sample Contract is to provide sample contract terms that will help agencies conform with recent guidance provided by the United States Department of Labor (“DOL”) .2 This DOL guidance describes conditions under which an individual provider will be considered an independent contractor instead of an employee of the agency, an employee of the consumer, or an employee of the government agency administering  \n1 The sample contract and accompanying memorandum were developed with the assistance of attorneys at Petruccelli, Martin & Haddow, LLP for the American Network of Community Options and Resources (ANCOR) with assistance and funding from the National Association of State Directors of Developmental Disabilities Services (NASDDDS) and the National Association of States United for Aging and Disabilities (NASUAD) .  \n2. DOL Administrator’s Interpretation No. 2014-1 (March 27, 2014) and DOL Fact Sheet No. 79G: Application of the Fair Labor Standards Act to Shared Living Programs, Including Adult Foster Care and Paid Roommate Situations.  \nthe Services Program. The Sample Contract is designed to establish an independent contractor relationship with the individual provider when the consumer is living in the provider’s home. If the consumer is not living in the provider’s home, the Sample Contract should not be used.  \nIndependent contractor circumstances. The Sample Contract describes the economic and other circumstances of the individual provider that will most ideally conform with the DOL guidance. Those circumstances can be summarized as follows:  \nThe Provider has established a business as a self-employed, approved provider of Home Support Services to be provided in the Provider’s own home.  \nThe Provider is free to contract with another agency to provide services to any eligible person with developmental disabilities and is not obligated to perform work exclusively for or with the Agency.  \nThe Provider is free to engage in any other business activities, provided that those other business activities do not interfere with the services and obligations required by the Contract.  \nThe Provider has the opportunity for profit and loss as a result of the services being performed under the Contract.  \nThe Provider has the right to provide the services and operate his/her business according to the Provider’s best judgment subject to all applicable laws, policies and regulations, the Consumer’s Service Plan, and the Agency’s quality oversight.  \nThe Provider is free to determine the schedule and manner of the day-to-day activities, the day-to-day management of the home, and the performance of the Home Support Services, subject to all applicable laws, policies and regulations, the Consumer’s Service Plan, and the Agency’s quality oversight.  \nExcept for costs and expenses reimbursed by the HCBS Program, the Provider is responsible for all other costs and expenses of operating the business, including, but not l","cbCaimfJDTLJZBes","https://ap.wps.com/l/cbCaimfJDTLJZBes","pdf",12518,6,"English","# Memorandum\n## Purpose of the Sample Contract\n## Independent Contractor Criteria Under DOL Guidance\n## Agency Oversight and Responsibilities\n## Review and Legal Counsel Considerations\n## Red Flag Circumstances to Avoid","[{\"question\":\"What is the purpose of the sample contract in this memorandum?\",\"answer\":\"It provides sample contract terms to help agencies align with U.S. Department of Labor guidance on when a provider should be treated as an independent contractor rather than an employee.\"},{\"question\":\"When can the sample contract be used?\",\"answer\":\"It is intended for situations where the consumer is living in the provider’s own home. If the consumer is not living in the provider’s home, the sample contract should not be used.\"},{\"question\":\"What types of circumstances support an independent contractor relationship?\",\"answer\":\"The memorandum lists conditions such as the provider operating as a self-employed approved provider, contracting freely with other agencies, maintaining other business activities without interference, and bearing profit and loss while exercising control over the schedule and performance subject to oversight and applicable requirements.\"}]","Memorandum - Sample Contract for Independent Contractor Relations | PDF",1789585496]