Can a an independent contractor legally require an independent contractor to time track?

Can a company who has contracted with an independent contractor legally require an independent contractor to time track their work (i.e. clock in clock out?) The independent contractor does not get paid by the hour, instead their is a flat-rate monthly payment.

Asked on August 18, 2015 under Employment Labor Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 5 years ago | Contributor

It depends what the contract between the company and the independent contractor says.  If the contract says that despite the flat-rate arrangement, the independent contractor must report the hours spent on the project, then the independent contractor must report its hours.  If not, then the company can not require it as a condition of honoring the contract.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.