General Category > General Questions
Kind of off topic but a important question Would like serious honest opinion
Msladyajw:
--- Quote from: RichardP on January 29, 2022, 02:27:09 PM ---
--- Quote from: Msladyajw on January 29, 2022, 06:16:10 AM ---... they just issued her a 1099. She has to clock in and clock out for lunch and clock back in, I was under the impression a 1099 worker works on their own time.
--- End quote ---
A 1099 worker is responsible for paying their own taxes. The employer just pays the 1099 worker for time worked and deducts no taxes.
Given that, how will you know what to pay a 1099 worker if you do not track their hours. Hence, the time clock.
You may be thinking of the difference between exempt and non-exempt employees, or the difference between hourly workers and salaried workers. The definition of a salaried worker is that they do not work by a time clock, whereas hourly workers do.
I agree you have to track their hours. Even gig work hours get tracked on platforms like upwork . You are correct, But no I do not have the 2 mistaken. You can track the hours worked by your 1099 worker, BUT you can not force specific time frames in which they must work, They work on their own time.
You can not set a clock and tell a 1099 worker you have to be here at 8am and you can not go home until 5 pm, Dept of Labor is very clear about 1099 workers set their own schedule.
With that said the job she does has a turn around time of 72 hours, meaning reports have to be returned to the client who ordered them by the end of 72 hours. Not including weekends.
She took Friday off and Monday all reports that were ordered on that Friday she had them returned by the 72 hour mark because she logged in late Monday night and completed those reports, SO just because she was not there during the day Monday she still worked the same hours,
SO if I was a 2099 worker you can track how many hours I worked you can not track when I worked those hours , If I agree to work 25 hours in a certain amount of days, Then as long as I work that 20 it does not matter when I work them..
The point of my post is legally hours can not be deducted just because it was not the hours you wanted the work to be done.
You are assigned a job, A part of that job says when a report comes in it must be worked and returned to the client within 72 hours, If she wants to work the report at 3 am that is her choice, Nothing says she can not, She met her end of the deal the reports were returned in 72 hours pay should have never been deducted, Luckily they have been made aware of this and fully agree, Apparently the manager did not inform the assistant manager who did the payroll that pay period, They have now fixed this and the hours were paid. They also informed her to expect her bonus for the extra work and getting the claims paid.
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