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OT: Work-related question

Posted: Thu Jan 10, 2008 8:49 pm
by BR0D1E86
Is anybody here in HR or a lawyer with knowledge of labor law?

I was an independent contractor with my old company (of which I was a regular salaried employee before that) from March until 12/31/07. My contract stated that I would work 8-4:30 every day unless otherwise specified by my named supervisor. The only time this happened was when I worked overtime. I submitted bi-weekly time cards for my work.

I haven

Re: OT: Work-related question

Posted: Thu Jan 10, 2008 9:06 pm
by kyrv
BR0D1E86 wrote:Is anybody here in HR or a lawyer with knowledge of labor law?

I was an independent contractor with my old company (of which I was a regular salaried employee before that) from March until 12/31/07. My contract stated that I would work 8-4:30 every day unless otherwise specified by my named supervisor. The only time this happened was when I worked overtime. I submitted bi-weekly time cards for my work.

I haven

Re: OT: Work-related question

Posted: Thu Jan 10, 2008 9:15 pm
by DuckIII
BR0D1E86 wrote:Is anybody here in HR or a lawyer with knowledge of labor law?

I was an independent contractor with my old company (of which I was a regular salaried employee before that) from March until 12/31/07. My contract stated that I would work 8-4:30 every day unless otherwise specified by my named supervisor. The only time this happened was when I worked overtime. I submitted bi-weekly time cards for my work.

I haven

Posted: Thu Jan 10, 2008 10:43 pm
by transplant
HR here.

Duck's advice, as you'd expect, is sound. Your contract should completely describe the rights and obligations of the parties, including timeliness of payments and under what circumstances (if any) payments may be reduced.

Frankly, I question your independent contractor status. Timecards? You may already know all about this stuff, but here's a rundown of the characteristics of an independent contractor vs an employee:

http://www.wwwebtax.com/general/independent_contractor.htm

Posted: Thu Jan 10, 2008 10:59 pm
by Magilla_Gorilla
transplant wrote:HR here.

Duck's advice, as you'd expect, is sound. Your contract should completely describe the rights and obligations of the parties, including timeliness of payments and under what circumstances (if any) payments may be reduced.

Frankly, I question your independent contractor status. Timecards? You may already know all about this stuff, but here's a rundown of the characteristics of an independent contractor vs an employee:

http://www.wwwebtax.com/general/independent_contractor.htm



I've been a consultant (Time Management Software HR/Payroll) for the last few years, and on occasion I have had clients require I turn in a timesheet each week. It was more for record-keeping than actual time worked. I was contracted at 40 hrs per week, but I still had to turn in a weekly timesheet.

I offer no advice other than to say that a timesheet for a contractor is not that unusual in my experience.

Posted: Fri Jan 11, 2008 12:57 am
by BR0D1E86
It was pretty explicit in my hours and so forth, I've threatened lawsuit so we'll see how it goes.

Thanks for the help everyone. Mods can lock if they like, I've PM'd Duck about it.