Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Employers who tell independent contractors when to work may be entitling them to more benefits by forcing a reclassification.
How is an Independent Contractor Classified?
Individuals who are “in an independent trade, business, or profession in which they offer their services to the general public” may be considered independent contractors, according to the IRS. This may include doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, auctioneers, and many others.
An important part of classifying independent contractors is determining to what extent an employer controls their work. The U.S. Department of Health and Human Services recommends the following questions to help determine the scope of an employer’s control over an independent contractor:
- Can the employer control what a worker does and how they do their job?
- Can the employer control the business aspects of the worker’s job (how they are paid, expense reimbursements, where they can get tools and supplies, etc.)?
- Do the employer and worker have a written contract and/or does the employer provide benefits such as a pension plan, vacation pay, or insurance?
- Is the work a key aspect of the relationship between the employer and worker?
California introduced a new law that went into effect in 2020, meant to protect gig workers from being misclassified as independent contractors.
The more control an employer has over a worker, the more likely it is that the worker is classified as an employee rather than an independent contractor. When in doubt, workers may want to speak with their employer’s human resources department to see if and how they qualify as an independent contractor.
What are the Pros and Cons of Being an Independent Contractor?
In contrast with traditional employees, independent contractors usually have more freedom.
The biggest disadvantage to being an independent contractor is that these workers are not protected by employment and labor laws. This means that they are not guaranteed wages, overtime, uniform pay periods, and other protections.
Independent contractors may be paid at an hourly, daily, or weekly rate or may be compensated based solely on the job completed. Additionally, independent contractors are not required to be paid on a certain date. Some employers may choose to pay their independent contractors routinely simply for the ease of this set-up, but other employers may use the terms of their prearranged contracts in order to make payments after an invoice is received.
Being classified as an independent contractor puts the responsibility on workers to understand their rights and make sure they are being afforded all the rights they deserve.
Can You Tell an Independent Contractor When to Work?
By definition, independent contractors are able to dictate their schedules. This means that employers cannot tell an independent contractor when to work unless they want to give the worker the benefits of a true employee.
If you are an independent contractor and have been told when to work by your employer, you may be entitled to more benefits such as overtime and wage requirements.
Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. A qualified labor attorney can help evaluate your case and determine if you are eligible for more benefits.
Join a Free Independent Contractor Class Action Lawsuit Investigation
Even if you are classified as an independent contractor, you may be entitled to minimum wage, overtime pay, reimbursement for expenses, and meal and rest breaks, among other employee benefits.
This article is not legal advice. It is presented
for informational purposes only.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
10 thoughts onCan You Tell an Independent Contractor When To Work?
I am a truck driver and I’m going through it now they lost me as a company driver and I’m paying out ass for expenses then when it’s time for my w-2 they send a 1099
I work in a strip club and my boss is releasing schedules threatening to charge us if we don’t come in. I’ve sited this and their response was “we do what we want” just want to know what my options were.
I worked foe an employer in Oklahoma as a delivery driver,he told me it would be contract work etc,but within days he was telling me what time I needed to be there what time I could leave,as far as I know I. Oklahoma as a independent contractor I have the right to show up when I want and leave when I want as well as do the job as I see fit, but this was not the case afterwards I was released from the job,I have since had to have a c4c5 fusion in my neck for delivering over 60,000lbs of ice melt all by hand,do I have a case here to file a suit,he has never paid into workers comp,or unemployment in my name,my life has been dramatically changed and I’m curious if I have any legal stand here to get compensation for my injury any help would be appreciated
Independent contractor scam companies by agreeing to contract, making tons of money and then turn around and sue the company for more, because people are greedy and lawyer’s are just like ambulance chasers in my opinion! Doesn’t seem right, I’ve seen independent contractors make over a thousand dollars in four hours, then they turn around and sue
Pat…You sound very jealous re:the amount of money some of us, Independent Contractors, have the ability to make. This part is true, however, you couldn’t sound more silly grouping All Contractors in your ‘greedy’ statement. I am currently being mentally, emotionally & financially abused by a platform I’ve been working with for a year now. And they could give a rats azz, even in the know of my Mental Health diagnosis & do you know why? It is 100% due to these lame ARBITRATIONS..But if I have to take this to the White House, then that is where I will get my justice. Because one thing I do know..Is you don’t fck with the Mentally IlL..That is always a deal breaker! So stay tuned..you’ll be hearing about this again soon enough PAT
Hi i have been working for a company for 3 years. The owner tricked me into renting his garage shop. I was hoping to do my own work on my own time but i must have been dreaming, they worked me everyday for the first year i didn’t even had the time to use the garage he rented me, he only wanted me to live there and be his slave for $12 per hour no vacations or time off he would even call me on weekends i barely made money because he’s been charging me $650 per month for rent. I got injured and had plantar in my heel ive been hoping around getting his work done because of afraid of getting kicked out of the garage and he complain about the rent so i could never rest nor save enough to leave. They did increase the dollar rate to $15 because i was doing everything they ask. Janitor, plumbing, electric, fixing all equipment. Even renovations. All by myself no helper or anything. Im 1099 independent. This company offers no employee benefits one of the worst companies to work for in Florida. They use people then fire them. You cannot get sick or you will need another job. I need help with this.
I had an incident a couple months ago where i excepted a job and when i arrived to pick it up they told me they knew nothing about it they never received an order. I showed them the order I was suppose to pick up from them so they made it and when i called doordash to tell them after wasting over 30 minutes back and forth on the phone they told me to tell them to cancel after the restaurant already made it. Doordash cost the restaurant money for the food wasted and an hour of my time only compensating me 3 dollars. A situation of which I had absolutely no control over. Which put me in an awkward position and feeling obligated to pay for the food. Shouldn’t that classify me as an employee?
That was absolutely YOUR fault. You do NOT have the right to place new orders at restaurants that are not getting orders directly from the support team. Never take it upon yourself to make stupid choices and then blame someone else. How dare you be so ignorant
😂😂😂
I’ve been told when to go to work threatin to be fired if I didn’t get the job done that day.i am the property manager and I am the contractor I call plumbers to the job I call electricians to the job I sign leases and find tenets for the houses I do way more than what I’m payed for and I need help