I tightened up the language on the booking confirmation since some places may “confirm” a booking and then try to hold it invalid with a contract they present to the freelancer on the freelancer's arrival to work.
I thought I would post the changes I made here in the Playground, before altering the existing Wiki:
Please confirm this agreement by replying “CONFIRMED”
• NAME OF FREELANCER:
• COMPANY NAME (IF applicable):
• DATE:
EMPLOYER INFO: Name: Address:
DURATION:
WORK TO BE PERFORMED:
HOURLY RATE: $XX.XX [Rate per hour up to eight (8) working hours in a day
excluding lunch.]
DAILY RATE: $XXX.XX [Rate per day defined at eight (8) total hours.]
Guaranteed minimum.
OVERTIME RATE: All rates based on an eight (8) hour day with one (1) hour lunch
included. All rates based on a 10am-7pm day with one (1) hour lunch
included.
OVERTIME(1) = regular hourly rate of $XX.XX x 1.5, for a total of
$XX.XX per hour. Overtime (1) rate is “time and half” for the first
four (4) hours after eight (8), based on the hourly rate of $XX.XX of
an 8 hour day including lunch.
OVERTIME(2) = regular hourly rate of $XX.XX x 2 for a total of $XXX.XX
per hour. Overtime (2) rate is “double time” for any additional hours
past twelve (12) hours in a day or after four (4) hours of work on the
seventh (7th) consecutive day (in accordance with California law);
based on the hourly rate of $XX.XX of an 8 hour day including lunch.
Cancellations, Unscheduled Down Time, Kill Fee, Pay or Play:
Booked time that is cancelled is subject to a minimum cancel / kill fee of 50% of remaining booked hours. Booked time that is used to prevent a challenge cannot be cancelled. It will be billed for the entire booking. Kill Fee: 50-100% of remaining booked hours.
Payroll, Invoicing and Payment:
*If work is to be conducted on-site under employer's supervision with
employer's equipment, between specific times, then compensation is to be paid under W-2 / I-9 in accordance with Federal and State laws regarding employee / temporary
employee / contractor classification. Invoice to paycheck shall be no more than two weeks in accordance with CA State timely payment laws* Otherwise all invoices for work that truly falls under independent contractor classification will be billed weekly, due upon receipt, with thirty (30) days to pay in full under California State Law. Invoices not paid within thirty (30) days shall accrue an interest of 5% per week.
All bookings and terms will be “confirmed” by employer before work
commences. No other agreement shall make or hold these terms invalid.
playground/playground.txt · Last modified: 2010/03/10 08:10 by brandj
Discussion
I tightened up the language on the booking confirmation since some places may “confirm” a booking and then try to hold it invalid with a contract they present to the freelancer on the freelancer's arrival to work.
I thought I would post the changes I made here in the Playground, before altering the existing Wiki:
Please confirm this agreement by replying “CONFIRMED”
EMPLOYER INFO: Name: Address: DURATION:
WORK TO BE PERFORMED:
HOURLY RATE: $XX.XX [Rate per hour up to eight (8) working hours in a day excluding lunch.]
DAILY RATE: $XXX.XX [Rate per day defined at eight (8) total hours.] Guaranteed minimum.
OVERTIME RATE: All rates based on an eight (8) hour day with one (1) hour lunch included. All rates based on a 10am-7pm day with one (1) hour lunch included.
OVERTIME(1) = regular hourly rate of $XX.XX x 1.5, for a total of $XX.XX per hour. Overtime (1) rate is “time and half” for the first four (4) hours after eight (8), based on the hourly rate of $XX.XX of an 8 hour day including lunch.
OVERTIME(2) = regular hourly rate of $XX.XX x 2 for a total of $XXX.XX per hour. Overtime (2) rate is “double time” for any additional hours past twelve (12) hours in a day or after four (4) hours of work on the seventh (7th) consecutive day (in accordance with California law); based on the hourly rate of $XX.XX of an 8 hour day including lunch.
Cancellations, Unscheduled Down Time, Kill Fee, Pay or Play: Booked time that is cancelled is subject to a minimum cancel / kill fee of 50% of remaining booked hours. Booked time that is used to prevent a challenge cannot be cancelled. It will be billed for the entire booking. Kill Fee: 50-100% of remaining booked hours.
Payroll, Invoicing and Payment: *If work is to be conducted on-site under employer's supervision with employer's equipment, between specific times, then compensation is to be paid under W-2 / I-9 in accordance with Federal and State laws regarding employee / temporary employee / contractor classification. Invoice to paycheck shall be no more than two weeks in accordance with CA State timely payment laws* Otherwise all invoices for work that truly falls under independent contractor classification will be billed weekly, due upon receipt, with thirty (30) days to pay in full under California State Law. Invoices not paid within thirty (30) days shall accrue an interest of 5% per week.
All bookings and terms will be “confirmed” by employer before work commences. No other agreement shall make or hold these terms invalid.