把你的代理人的状态写下来

德州2021十大正规彩票app经纪人® has the following two forms for brokers to document details about their business relationship with associated agents:

Independent Contractor Agreement for Sales Associate (TXR 2301) allows a broker and agent to spell out the details of the agreement when an agent affiliates with a broker as an independent contractor.

谅解声明 (TXR 2302) is a one-page form that reconfirms the conditions spelled out in the Independent Contractor Agreement for Sales Associate. Executing this form each year helps brokers and agents ensure that the details spelled out in the Independent Contractor Agreement for Sales Associate 没有改变.

New rule provides factors to help make a determination.

美国.S. Department of Labor issued a final rule in January to update the criteria used to assess whether workers should be classified as 员工s or independent contractors under the Fair Labor Standards Act (FLSA). Employers who wrongly classify workers as independent contractors may be liable for failing to pay overtime or minimum wage, plus liquidated damages and attorneys’ fees. The new rule lists the following factors for consideration:

  • Opportunity for profit or loss depending on managerial skill
  • Investments by the worker and the employer
  • Degree of permanence of the work relationship
  • 控制的性质和程度
  • Extent to which the work performed is an integral part of the employer’s business
  • 技能和主动性.

Each case is considered individually based on these and other pertinent details of the work relationship. No single factor or combination of several provides an absolute determination of work classification.

While the rule is unlikely to change the work classification of the many real estate agents who are independent contractors, it’s important for brokers to understand the rule and ensure that workers are operating in the manner for which they are classified.

The National Association of REALTORS® has worked with Congress to introduce H.R. 5419, the Direct Seller and Real Estate Harmonization Act, 这是法律, 在其他行动中, amends the FLSA to clarify that the definition of 员工 does not include qualified real estate agents.