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  1. #1
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    Default Are There Pay Regulations for Independent Contractor On-Call or Standby Time

    My question involves independent contractors in the state of: California. The business offers weekend, nights and holiday coverage for service to our clients largely via phone. What is the law regarding pay for on-call or stand-by time for ICs that volunteer to cover these hours? Is there a difference between ICs that 'volunteer' to cover that time hoping for billable hours, or if we request an IC to cover that time?

  2. #2
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    Default Re: Ic Pay Regulations for On-Call or Stand-by Time

    There are no laws governing the payment of ICs for anything - not pay amounts, not pay frequency, not on-call or standby pay. Just as you are legally free to pay your ICs below minimum wage (if they agree, of course), you are legally free to pay your ICs nothing for being on-call.

    The only difference between voluntary on-call shifts and involuntary on-call shifts is that if you order your ICs be be on call for specified periods of time, you run a serious risk of being dinged by the DLSE and the IRS for misclassifying employees as ICs. What you pay them (0 per hour or $1M per hour and anything in between) for this involuntary work won't change this.

    The only regulations that govern your pay relationship with your ICs are what's stipulated in your contracts with them.

  3. #3
    Join Date
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    Default Re: Ic Pay Regulations for On-Call or Stand-by Time

    Quote Quoting sfk
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    My question involves independent contractors in the state of: California. The business offers weekend, nights and holiday coverage for service to our clients largely via phone. What is the law regarding pay for on-call or stand-by time for ICs that volunteer to cover these hours? Is there a difference between ICs that 'volunteer' to cover that time hoping for billable hours, or if we request an IC to cover that time?
    What exactly do these IC's do?

  4. #4
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    Default Re: Are There Pay Regulations for Independent Contractor On-Call or Standby Time

    Technology remote and on-site support .

  5. #5
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    Default Re: Are There Pay Regulations for Independent Contractor On-Call or Standby Time

    You've probably already misclassified them as ICs. Big doo-doo ahead.

  6. #6
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    Default Re: Are There Pay Regulations for Independent Contractor On-Call or Standby Time

    No doo-doo. I always ask before taking action. Thanks.

  7. #7
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    Default Re: Are There Pay Regulations for Independent Contractor On-Call or Standby Time

    Who did you ask?

    And if you asked a legal professional who specializes in this area of employment law, and he/she said you're legally OK to employ ICs to do this type of work, then see post 2 for the answer to your current questions.

  8. #8
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    Default Re: Are There Pay Regulations for Independent Contractor On-Call or Standby Time

    Quote Quoting sfk
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    No doo-doo. I always ask before taking action. Thanks.
    I would also be interested to know who you asked because it sounds very much like you have misclassified employees.

    I can just about guarantee that you did not fill out an SS-8 and get the IRS's official opinion on the matter.

  9. #9
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    Default Re: Are There Pay Regulations for Independent Contractor On-Call or Standby Time

    Thanks for the concern. To be clear, the ICs are have not been asked, nor have volunteered, to cover on-call or stand-by work. I wanted to understand this more clearly for myself. No doo-doo, no boo-boo committed. Appreciated.

  10. #10
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    Default Re: Are There Pay Regulations for Independent Contractor On-Call or Standby Time

    That's already understood. I wasn't asking about that.

    I want to know who told you that their being ICs at all is legal. Have you completed an SS-8 regarding their status? Has your attorney? What was the IRS response when you or your attorney did this?

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