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    utgirl5's Avatar
    utgirl5 Posts: 1, Reputation: 1
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    #1

    May 13, 2012, 07:30 PM
    Do independent contractors have rights to set their own schedules?
    Scendario: A certain insurance company that hires licensed insurance agents, tells the agents that they own/run their own business as independent contractors, so no pay except commission on sales, but nothing is earned when training or in meetings. This company in recruitment and first week training said that the agents get to control their own business. However, end of the week, the company then said that the agents have to be there at the company at specific days, times, etc. and that they have to do their sales on specific days. They claim the agent gets the "freedomg to set his/her schedule", but they force the agent to do so on the certain days set aside. Initially the company had regular business hours. Now the company claims that the agent MUST be there very early in the morning, about 7 hours before the initial told regular business hours. Is this legal? It seems like their demands are more like what they could require for an "employee", not an "independent contractor" (as they claim the agent is... but I see absolutely no freedom as an independent contractor is supposed to have by what I understand of the law.)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 13, 2012, 07:43 PM
    As the law goes, yes, but to be honest, any insurance company is going to have required meetings, most have one day a week in the morning where they meet. But many have a meeting first thing every morning, and then "send you out"

    Others have you as a independent contractor but you have to work while their office is open, since you are working out of their office.

    But take the "independent contractor" who cleans offices, they have to come in after hours, so their hours are fairly well set.

    Independent teachers of dance, have to be there when the dance school is open and when the class they teach happen.

    The actual way the law reads and what happens in real life is two different things.

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