Legal Question in Business Law in California
Having contractors enter time in time system
We have recently implemented a
time keeping system that allows us
to track employees time to a
project and the task associated
with that project. We want some
of our contract employees to enter
their time against these same
schedules and tasks to ensure
what they report to us is what
they are reporting to their
company, and in turn what we are
being invoiced for. However our
legal department says that if ever
a legal battle in determining if the
person was actually an employee
rather than a consultant, such time
entry could be used as evidence
that the person was considered an
employee because the company
allowed the person to enter their
time directly into the system.
2 Answers from Attorneys
Re: Having contractors enter time in time system
And, you don't believe your legal department? They are correct.
Re: Having contractors enter time in time system
You want a second opinion?
Listen to your attorney, he knows the facts of your situation better than anyone on Law Guru.
Yes, it could be used as evidence if there is a w-2/1099 dispute. It would not be conclusive, but it would be evidence.
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