In the state of illinois can a company require an independent contractor to punch a timeclock?

i am a independent contract dentist I have signed a contract stating I work 32
hrs a week at a hourly rate of 95.00. Contract auto renews every year unless
either party terminates it.

Asked on March 13, 2018 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If they have you punch you a time clock, they are likely making you an employee, not an independent contractor. An independent contractor, as the term implies, has a degree of independence from the employer; employees do not. If the company treats you like an employee--that is, exercises the sort of control over you that is generally exercised over employees--that changes your status to that of employee (and you must be paid, have the employer portion of withholding taxes paid for you, receive benefits, etc., like any other employee). One of the hallmarks of an employee is that the employer controls the hours they work; therefore, once you are punching a timeclock, something not consistent with the independence possessed by an independent contractor, you are most likely actually an employee.


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 AttorneyPages.com 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.