§ 14.34.050 — Pre-contract disclosure

14.34.050 - Pre-contract disclosure

A. Prior to an independent contractor beginning work for the hiring entity, the hiring entity shall provide the independent contractor with a written pre-contract disclosure that provides itemized information on the proposed terms and conditions of work, including but not limited to: 1. Current date; 2. Name of the independent contractor; 3. Name of the hiring entity; 4. Contact information for the hiring entity, including but not limited to physical address, mailing address, telephone number, and/or email address as applicable; 5. Description of work; 6. Location(s) of work and regular place of business of independent contractor or hiring entity; 7. Rate or rates of pay, including any applicable price multiplier or variable pricing policy, or incentive pay applicable to the offer of work; 8. Pay basis (e.g., hour, day, week, monthly, fee per project, piece rate, commission); 9. Tips and/or service charge distribution policy, if applicable; 10. Typical expenses incurred in the course of work and which expenses will be paid or reimbursed by the hiring entity, if applicable; 11. Deductions, fees, or other charges that the hiring entity may subtract from payment and accompanying policies for each type of charge, if applicable; 12. Payment schedule; and 13. Pursuant to rules that the Director may issue, other information that is material and necessary to effectuate the terms of this Chapter 14.34. B. Hiring entities shall satisfy the pre-contract disclosure requirements by providing the required information in a single document, which may be in the form of a pre-contract disclosure, contract offer, counteroffer, application, or other single document meeting the disclosure requirements. C. Hiring entities shall provide an independent contractor with written notice of any change to the information required by subsection 14.34.050.A before the change takes place, or as soon as practicable for retroactive changes to such information. Hiring entities may provide piece-meal notice of such changes (i.e., notice separate from the single document required in subsection 14.34.050.B). However, for changes to more than six of the items required by subsection 14.34.050.A, hiring entities shall issue a revised single document with all disclosures required by subsection 14.34.050.A. D. Hiring entities shall provide the pre-contract disclosure in English and any language that the hiring entity knows or has reason to know is the primary language of the independent contractor. E. The Agency shall create and distribute a model notice of the pre-contract disclosure in English, Spanish, and other languages by September 1, 2022. Hiring entities are not required to use the model notice when providing the pre-contract disclosure. However, hiring entities are responsible for providing the pre-contract disclosure in a format that is readily accessible to the independent contractor. F. Hiring entities shall satisfy pre-contract disclosure requirements for independent contractors working for the hiring entity as of September 1, 2022 by providing the required information by September 30, 2022 or by the date of compensation, whichever date is sooner. G. If the independent contractor performs agreed-upon work pursuant to the pre-contract disclosure, the terms and conditions in the pre-contract disclosure shall presumptively become part of the terms and conditions of a contract between the hiring entity and the independent contractor. This presumption shall be rebuttable by clear and convincing evidence, such as a written contract.

(Ord. 126373, § 1, 2021.)