| It's not that simple. Being "agile" does not necessarily makes you an employee in the US. From IRA Pub 15-a: "The general rule is that an individual is
an independent contractor if you, the person for whom the
services are performed, have the right to control or direct
only the result of the work and not the means and methods of accomplishing the result." As an agile contractor you can give clients options that allow them balance quality & cost without being under "behavioral control." The client gets to say they want to build a widget that does X and Y, then you choose to build it at time T using whatever tools and methods you deem appropriate. Couple that with offering these services to the public:
"People such as doctors, veterinarians, and auctioneers
who follow an independent trade, business, or profession
in which they offer their services to the public, are generally not employees." That said, "whether such people are employees or independent contractors depends on the facts in each case" so make the facts obvious in your contract with a section like this: "Independent Contractor.
The Parties agree that Contractor is an independent contractor and that Contractor has full control over the methods utilized in performing the Services. Contractor will not make any representation of an employment relationship between Contractor and the Company and will not claim any benefits provided by the Company to its employees. Contractor has no authority to contract for or bind the Company in any manner, except with prior written consent of the Company. Contractor shall devote such amount of his or its time, attention, knowledge, and skills as may be required to create and deliver the Product and to perform the Services." |