In order to maintain contractor status, I can do the work if I choose or deny it if I don't want to do it. I can do the job however I want as long as the END RESULT meets the companies standards. And the clincher? I can begin the job at any time I so desire. Any day of the week at any time.
Just because one is a contractor does NOT mean one can do whatever when ever with no consequences. The Gov (mainly IRS) will agree; to enjoy contractor status, there ARE perimeters that ARE part of being a contractor. Ending times are one such perimeter. As a contractor, you agree to abide by these perimeters to satisfy your customer(s).
If you are told what time to begin, how to do the work that needs to be done to attain the end result, etc... then you are an employee plain and simple. If you are not (as I am not in my current contract) required to do any of these things, but to just attain the end result in whatever fashion one sees fit, then plain and simple, one is a contractor. It truly is quite simple and no "tests" are required.
