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IC status - Can you set your own hours - Sandi
Posted: May 22, 2011
I am puzzled by the posts of companies on this website seeking independent contractors, and then proceed to dictate the hours and days they need you to work. Please help me understand, if you are not an employee, and function as a dedicated, disciplined worker and opt for IC status, shouldn't you be able to dictate your own schedule? Again, someone please help me to understand.
Well - MT
[ In Reply To ..]They are trying to tell you when they need people. IC or whatever, they don't need anyone on the other hours, so why would they hire you? In other words, if you can't deliver the goods, then you don't get the job.
IC Status - Michelle
[ In Reply To ..]Although the legality of the practice of requiring Independent Contractors to adhere to certain work hours has never been absolutely determined (that is, whether they can legally require Independent Contractors to work certain hours or whether the Independent Contractor can “dictate” their own hours), it has become common practice for some MTSOs to list the hours when work is available to Independent Contractors. It is then up to the Independent Contractor to decide if they want to accept those terms or not.
I think everyone would be in agreement that most plumbers or construction contractors are true independent contractors. Someone hires them; they come in and do the job requested. As an example, let’s say someone wants to hire a plumber for a job. That person works outside the home from 7 a.m. to 7 p.m. and there is no one home during those hours (and that person does not want someone in their house when they are not home). As the person hiring the Independent Contractor, that person can state that the work can only be done after 7 p.m. It is then up to the Independent Contractor to decide if he/she wants to take the job and work only after 7 p.m.
MTSOs are dealing with turn-around-times and deadlines. Many have contracts that state if the work is late, the MTSO is charged a penalty or maybe even not paid at all for those lines. Only the MTSO knows when the highest volume of work comes in each day. So, in order to try to cover all dictations that come in at a certain time, they may state in their job ad that they need an Independent Contractor to work only between, for example, noon and 8 p.m. Those are the hours that the MTSO needs covered in order to meet their deadlines and turn-around-time.
It is then up to the Independent Contractor to decide whether or not that works into their schedule. If it does not, they should not take the job.
Hope that was not too confusing and gives you some understanding of why MTSOs require that work is done during certain hours as opposed to “anytime.”
ICs - MT
[ In Reply To ..]You said that better than I did. I was trying to explain that the IC isn't being forced to take a job, anymore than a plumber or electrician is, if it just doesn't meet what they can do. NOW, if the IC is hired for certain hours and everyone agrees, then the MTSO probably cannot change your hours, and conversely, you can't change yours, either, if you originally agreed to something else. It's like a contract.
It is a question of the law - anon
[ In Reply To ..]Consult an IRS agent. If you hire a plumber or a painter you are not hiring them as an independent contractor. You are a private citizen hiring a business. These analogies are completely off point.
oh but we are not plumbers or painters, the medical field is different. - anonMT
[ In Reply To ..]Internet jobs are different with contractural TATs to be met, and regardless of the 'law' for house call jobs or internet - you more than likely will not get the job if you expect to work whatever hours at your convenience as an IC.
They are still coming up with 'laws' for internet jobs and ours is one of the prickliest with details. As it stands now - they can ASK for a schedule from ICs and staff around that, but not demand you work their set schedules.
and again, unless TAT is 24 hours, good luck getting hired if you want no schedule at all.
There are no internet 'laws' - anon
[ In Reply To ..]There are no laws specific to the internet or medical workers regarding IC status. The requirements of a business's needs, i.e., need people working at specific times, does not exempt them from the law. If a business needs people working at specific times, then they must be employees not IC's.
I totally agree. but when the ask what hours they are not scheduling. - they can ask, not tell. NM
[ In Reply To ..].
TAT is integral to the job being contracted, as is the need - of a contractor to be able to accurately
[ In Reply To ..]assess and coordinate work flow needs; i.e., if necessary, subcontract for specific hours to be worked. Once this basic concept is accepted, then understanding will follow. The law varies in application to make this all workable. In our case, contractors don't send work out to create jobs for MTs, they do it to get the work done when and how needed. Simple, and the law follows that simple reality.
This is a complex issue, and if we could get past the mistaken notion that contractors can't require subs to work on a schedule, maybe we could finally move on to developing an understanding of the law as it really does apply to our work.
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