Legal Question in Employment Law in California
Contractor Time Punch
If you require a contractor to punch in and out from a time clock, does that automatically make them an employee? Is it illegal? Does it make a difference if you require them to turn a time sheet in at the end of a pay period instead of punching in and out every day.
2 Answers from Attorneys
Re: Contractor Time Punch
Not automatically, it is just one of the factors that will be considered.
Re: Contractor Time Punch
It depends. If you are controlling the hours as well as supervising the work itself, then it is more likely. Much of the determination of employee vs. independent contractor circles around control. Who has control over the worker, the company? Who tells them what hours to work or how to get their task(s) completed? Themselves or the company? Do you have them sign independent contractor agreements? How are they paid? What taxes are taken from their pay, if any?
When I ran a HR Department, this was always a very hot issue. Can lead to some major problems if not handled correctly.
Please feel free to call me at my office to discuss. The number listed by LawGuru is correct (they do not let me write it in an answer). I can also be reached through our firm's website: RulesOfEmployment.com.
Scott
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