You mean people actually think "IC" means - "work whenever you like"? Posted: Dec 3rd, 2016 - 1:31 am In Reply to: Probably because - sm
Amazing. Contracts for labor can and very often do include terms that specify hours of work. Nor, as someone suggests, is this prohibited by the DOL.
When a determination is made about whether someone is "improperly" classified as an IC, it is made on the totality of the circumstances, not any single parameter such as requiring work during certain hours.
The condo complex where I live hires independent contractors for maintenance. Their contracts all have terms that specify the hours that they're permitted to work (for instance, running a leaf blower or lawn mower), that the plumbing contractor must respond within a half-hour to certain calls, etc.
Lose the idea that IC contracts cannot specify hours of availability, which is what a "shift" really means.
Where many companies do go off the rail is failing to understand that most states have their own labor laws that impose other requirements, such as paying for on-call time, which is usually defined as time when the employee must be available for work and cannot leave the work premises (in this case, your home.)
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