Someone stated it was illegal to have a “mandatory Saturday” workday. All our workers are subcontractors and properly covered on a 1099. I just want some clarification, please. I cannot find anything in all my reading about a subcontractor not having to work over 40 hours a week, or on Saturday, or without overtime pay. Thanks.

Posted  05-16-2012

Ann Kiernan replies:

Contractors are not employees, so they are not covered by labor or employment laws. Unless it violates the terms of your contract with them, you can required contractors to work wherever and whenever you want.

But be sure the workers are truly independent contractors! The IRS and state tax authorities have been cracking down on the misclassification of employees as independent contractors, and the fines and penalties can be substantial.

You’re welcome, and good luck.


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