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Independent Contractor Time Clock? Ohio

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  • Independent Contractor Time Clock? Ohio

    Hello,

    We have a new independent contractor, he is paid hourly and picks his own work schedule. Is it okay for him to use our time clocks?

    Thanks.

  • #2
    Yes and no. Worker classification (employee vs. independent contractor) is a function of statutory law. If the worker is correctly classified under statutory law, then using the time clock by itself should not be enough to alter the classification. I have worked for employers who had many types of non-employees whose time or location was somehow tracked in one or more of our systems.

    HOWEVER, if the worker was incorrectly or marginally classified, then use of the time accounting system could be considered to be part of a larger pattern. Say the IRS "behavioral control" rule.

    http://www.dol.gov/whd/regs/compliance/whdfs13.pdf

    http://www.irs.gov/businesses/small/...=99921,00.html
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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