Q: As a contractor is the employer for the contract able to say I must start work at a certain time like an employee

A: Under California law, the classification of a worker as an independent contractor or an employee is an important distinction that affects the level of control an employer can exert over the worker's schedule.

Generally, if a worker is properly classified as an independent contractor, the employer should not dictate set work hours or enforce strict start times, as this level of control is more typical of an employer-employee relationship. Independent contractors typically have more autonomy in deciding when and how to complete their work, as long as they meet the agreed-upon deadlines and deliverables outlined in their contract.

However, there are some exceptions. For example, if the nature of the work requires the contractor to coordinate with other employees or be present at specific times (e.g., a contracted IT professional who needs to perform maintenance during off-hours), the employer may have a legitimate reason to set a specific schedule.

If an employer is exerting a high degree of control over a contractor's work hours and enforcing strict start times and schedules, it could potentially indicate misclassification of the worker as a contractor when they should be classified as an employee. Misclassification of employees as independent contractors is a serious issue in California, and employers can face penalties for doing so.

If you believe you are being misclassified as an independent contractor or have concerns about your employer's control over your work schedule, you might want to discuss your situation with an employment law attorney or contact the California Labor Commissioner's Office for guidance.