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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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Complete Discussion Below: (

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Why all the "dislikes" on the InfraWare job posting? - This stuff drives me nuts. (Views: 1090, 2016-12-01, 10:13 pm)
- Probably because - sm (Views: 1010, 2016-12-02, 9:55 am)
  - You mean people actually think "IC" means - "work whenever you like"?
    - I agree completely - with one more question (Views: 825, 2016-12-04, 10:54 pm)
    - IC = Self-Employed - Contacted IRS (Views: 1084, 2016-12-06, 10:52 am)
      - YOU ARE SOOOO RIGHT. - sm (Views: 1116, 2016-12-06, 12:16 pm)
      - oh but they can- go see a lawyer - smh (Views: 726, 2016-12-06, 2:48 pm)
      - You must have dialed the wrong number when you called the IRS. - Maybe you got the ILS or the ISR or something. (Views: 878, 2016-12-07, 6:04 am)
- Yes, an IC position requiring a fixed schedule - sm (Views: 734, 2016-12-02, 12:00 pm)
  - if that is the hours they need covered, they can specify - you people are hilarious (Views: 701, 2016-12-02, 1:58 pm)
    - Just because they do it does not make it acceptable - MT (Views: 713, 2016-12-02, 2:02 pm)
      - Does not make it wrong- anyone hiring any ICs can set hours they have work available - Just because you arent employee (Views: 678, 2016-12-02, 3:07 pm)
        Um, it is WRONG according to the DOL - Mt (Views: 693, 2016-12-02, 8:44 pm)
        Can I have that specific reference please? - Thanks! nm (Views: 581, 2016-12-03, 1:32 am)
        Anyone who is IC can pick the hours they wish - MT (Views: 959, 2016-12-03, 7:56 am)
        and they can refuse you to work during your hours if they want - cant teach an old dog new tricks for sure (Views: 577, 2016-12-03, 8:10 pm)
        That's fine as long as the IC understands they - MT (Views: 810, 2016-12-04, 7:36 am)
    - If a job dictates a shift or shedule - then NOT IC. (Views: 621, 2016-12-06, 7:57 pm)
      - simply not true - we need to agree to disagree (Views: 702, 2016-12-06, 8:12 pm)
        Difference between strict schedule and hours when - work is made available. As an (Views: 711, 2016-12-07, 8:29 am)