Can an independent contractor be required to work extra hours/days, denied vacations?

Independent Contracors don't get overtime. You should sit down with an Employment Attorney, because this sounds like misclassification on your facts. The more control an Employer exerts over the work product, hours, manner, days, etc., the more an Employment relationship is imputed by the courts and Employment Development Department. EDD is taking a closer look at situations just like this, where companies are trying to skirt Payroll reporting. Contractor/Employee is not black and white in a lot of circumstances, but you should let someone do an analysis to see if you are getting misclassified. I don't want to tell you that you will get money, but you and a Contingent Employment Attorney might BOTH have a good day if you took the time to compare notes.

It sounds to me like you may not actually be an independent contractor. I recommend that you review the IRS 20 factor test (linked below). Also, keep in mind that California has a slightly different test. The California Department of Industrial Relations has a useful summary on its website (also linked below). If after you review these you believe you've been misclassified, or if you'd like help reviewing or interpreting the tests, you should contact an experienced employment law attorney for advice. I wish you luck.

I absolutely agree with the other responses. From what you've said, it sounds like your employer has misclassified you (and apparently others) as independent contractors, when in fact you are employees. Some employers attempt to violate the law in this way because it is cost effective for them -- at least, until they get sued for failing to follow the law and cheating their employees out of wages due; cheating the IRS and the FTC out of tax payments due; failing to pay contributions into their employees' Social Security accounts and unemployment accounts; and failing to provide workers' compensation coverage. Attorney Gavin pointed you to information on the method to analyze classification as either independent contractors or employees, based on who controls the work. If there are several of you in the same boat, it makes good sense for you to retain an attorney as a group; if the employer has assets, you are more likely to get economic satisfaction if you are all cooperating. Depending on the work you do and your industry, you may be (and from you said, probably are) non-exempt employees. This means that your employer may owe you for years of overtime pay and years of contributions into the various accounts I referenced above. If this is the case, I urge you to work together with an attorney because, while you want to get the compensation and contributions you are entitled to, you also don't want to drive the company into bankruptcy before you get paid. This can be delicate work; my office is representing a group of workers in a comparable situation right now, and we have had to conduct comprehensive asset searches to counter the employer's threats to fold the business, among other things. By the way, when attorney Corson referred to the Employment Development Department (EDD) in his response, I believe he meant to refer to the Division of Labor Standards Enforcement (DLSE), which is within the Department of Industrial Relations. EDD handles claims for unemployment benefits and State Disability Insurance benefits. The DLSE enforces California's wage and hour laws. There are several other issues that are relevant to your question, but only so much time and space for me to comment on them all. Assuming you are employees, some other issues are your right to communicate with your coworkers about wages, hours and terms of employment per the National Labor Relations Act, as amended, 29 U.S.C. §§ 151 - 169 (NLRA, also known as Labor Management Relations Act or LMRA); this is the same law that allows labor unions to exist. It protects workers who act "in concert" -- together -- for their mutual aid and protection. Also, the California Labor Code specifically protects employees from retaliation for complaining about unlawful pay practices. You've taken the first step by questioning just how much your employer can get away with. I urge you now to take the next step: get an attorney. To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.

I agree with my colleagues that you may have been misclassified. Recently I have encountered a number of employees wrongfully classified by their employers as independent contractors. Independent contractors are not “employees” in California and not covered by the wage and hour laws. This means that independent contractors generally do not have to be paid minimum wage, do not have to be paid overtime, and do not have to be given meal and rest periods. The term “independent contractor” is not defined by statute, nevertheless, courts have interpreted its meaning. Independent contractor status is created by law, not by the parties’ agreement or contract. Each situation is examined on a case-by-case basis in light of the circumstances. The most important factor is the right to control the means and manner of job performance. True independent contractors are generally free to use their own equipment to get the job done and are generally free to control how they do it. To determine whether an employee is truly an independent contractor, the following are all relevant factors to be considered: Factors that favor Independent Contractor status: The worker has the right to control the work performed. The worker has the right to control how the work is performed. The relationship is for a specific length of time. The worker’s occupation or business is distinct from the employer’s. The work performed is done by a specialist without supervision. The worker provides his own facilities and equipment. Worker hires and fires his own employees. Worker is paid by the job or piece. Worker and employer meant to create an independent contractor relationship. Factors that favor Employee status: The employer controls the work performed by worker. The employer controls how the worker performs the work. The relationship is terminable at will. The worker’s services are an integral part of the employer’s business. The work performed is usually done under the employer’s direction or supervision. The employer provides the instrumentalities, tools and place of work. The employer hires and fires all workers/employees for worker. Worker is paid hourly or salaried. Employer believed he was creating an employer/employee relationship. I recommend that you speak with an attorney about this. Good luck.