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Should we log independent contractors’ hours?

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in Employment Law,Human Resources,Office Management,Payroll Management

Q. Does asking independent contractors to complete a time sheet jeopardize their contractor status?

A. You are right to worry about this. Evaluating whether a worker is an independent contractor or an employee depends on a number of factors. The more factors that point toward a worker being an employee, the more likely it is that the Department of Labor, the IRS, another agency or a court would find that the worker is misclassified as an independent contractor.

Asking an independent contractor to complete a time sheet can be a factor that makes a worker seem more like an employee, but by itself, it doesn’t prove an employer/employee relationship.

Nonetheless, it would be better for the independent contractor to send you monthly invoices for the services he or she performs.

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