In recent years, many companies have begun to rely on outside workers as well as their own internal employees. In some cases, it just makes sense to hire an independent contractor for certain types of projects. An independent contractor is not the same as an employee though, and there are rules for how one is defined and what they are allowed to do. A company that ignores these rules may need to answer to a Los Angeles County employment lawyer.
Who Controls Where or When an Independent Contractor Works?
When an independent contractor is hired, the understanding is that they will work on their project at their own discretion. The company hiring them cannot decide that they need to work at a certain time or at a certain location. Does an employer want this contractor to work from 9 AM to 5 PM at the office? Well, that’s no longer a contractor-employer relationship. This employer is hiring a full-fledged employee.
An independent contractor can start work at 9 AM, or they can begin work at noon. They can work for eight-hour shifts, or they can work in shorter chunks of time over the course of a workday. It also does not matter where the job is located. Are they working for a company in New York? Well, they could work from the city that never sleeps, or they can work from another state, another city, or a cabin in the woods.
Can an Independent Contractor Market Their Services to Others?
Another big difference between an independent contractor and an employee is that the contractor is not expected to just work with one company. The employer hiring them knows this at the start. An independent contractor can work for one company one day and then work for their competitor later that week. Then they can come back to the first employer. They are independent.
The contractor is also expected to market their services to others even while they are already working with multiple clients. They may have a website up where they can accept offers for new projects. Maybe they have a portfolio that showcases their capabilities. As an employer, you cannot stop a contractor from reaching out to other companies or advertising their capabilities.
How Does an Independent Contractor Get Paid?
An independent contractor gets paid at a set time and in specific way. This is all outlined in their contract. You could receive a check in the mail within 30 days of sending an invoice. You may have specific days when pay is deposited in a bank account or sent to you via PayPal or a similar service.
How exactly they get paid is not super important. What is important is that the method of payment is agreed upon and consistent.
Talk to Our Employment Lawyers
If you are an independent contractor and you believe that you have been misclassified, then your employer may be taking advantage of you. Contact RD Law Group and tell us more about your situation. We will do our best to help you make things right.