Independent Contracting Laws

[LindaMcManus]

I am currently an independent contractor for a corporation in California and I have signed a contract agreeing upon terms and amount of payment, location of where work is to be done and a few various odds and ends. Nowhere in my contract is it stated a limitation of hours that I can work nor the days that I can work however, the Executive Director who is also an independent contractor has informed me that I am now only allowed to work her dictacted four days a week and wants me to clock in and out for breaks and lunch and as an independent contractor I usually do not take. Are there independent contract labor laws that would help to clarify whether she is allowed to dictate hours and days that were not agreed upon by both of us and are not stated in my contract? Thank you for your help.

 

[Attorney_Replogle]

In your situation I would think that your Independent Contractor (IC) agreement is the main and controlling document stating who is your boss and who can control your work hours. However, also relevant and controlling is the Internal Revenue Service and Franchise Tax Board's analysis of whether you are really an independent contractor. (For that analysis you should just talk with your tax accountant.) The general rule is that if the employer (here the Executive Director) dictates your hours, days off, lunch and break times, etc., then you are an employee.

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Mark B. Replogle