In the state of illinois can a company require an independent contractor to punch a timeclock?
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In the state of illinois can a company require an independent contractor to punch a timeclock?
i am a independent contract dentist I have signed a contract stating I work 32
hrs a week at a hourly rate of 95.00. Contract auto renews every year unless
either party terminates it.
Asked on March 13, 2018 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If they have you punch you a time clock, they are likely making you an employee, not an independent contractor. An independent contractor, as the term implies, has a degree of independence from the employer; employees do not. If the company treats you like an employee--that is, exercises the sort of control over you that is generally exercised over employees--that changes your status to that of employee (and you must be paid, have the employer portion of withholding taxes paid for you, receive benefits, etc., like any other employee). One of the hallmarks of an employee is that the employer controls the hours they work; therefore, once you are punching a timeclock, something not consistent with the independence possessed by an independent contractor, you are most likely actually an employee.
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