Is it illegal to make Saturday work mandatory for a contractor?

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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About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.