Use an independent contractor agreement.

Have lawyer drafted compensation agreements and separation agreements.

Let independent contractors set their own work schedule (e.g., no required desk time) and provide their own work tools (e.g., car, phone, computer).

Never refer to independent contractors as employees.

The less brokerage control over the independent contractor while in compliance with license law supervision requirements, the better to pass the ABC test on control.

Posted by: Byron King on 01/23/24 (This information is only accurate as of 01/23/24. You must contact SCR for updates and changes to this information after 01/23/24 as laws and regulations may change over time. SCR 803-772-5206 or email info at or email byron at

This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.