Could use some advice: if an agency books a freelancer, does that freelancer bill specifically for hours worked (regardless of whether the hiring agency is keeping them busy FT) or should the agency be paying for that person’s time each day of their temporary employment as technically, the freelancer isn’t taking any other jobs?

likefunny
Posting as :
works at
You are currently posting as works at

Only the hours they work on projects

like

wrong. Read the Fair Labor Standards Act.

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if you’re booked you’re billing especially if you’re online required to check emails and teams etc. If they give you a project and say go off and do this in 5 hours, that’s the only time you have a parameter.

likehelpful

Look up “engaged to wait”, I’m not a lawyer but not paying for wait time always struck me as not entirely legal yet sadly so many agencies do this now.

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@GAS1 That seems extremely unfair. Unfortunately, I recognize the favor is increasingly on the sides of holding companies.

If you are being paid as a W2 employee, you are on the clock from sign in to sign out, regardless of downtime. That's what most of the agencies do.

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If you’re booked, you’re booked and you bill the day. The reason you were booked is because there’s presumably scope to do this. I’ve never once at any big agency been asked to work 14 or 27 or 33 hrs a week. The idea is you freelance for x amount of days or weeks based on a 40 hour week. It even says so in most of the major agency contracts/onboard paperwork.

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The law is that you must be paid every hour you are on duty, regardless of whether or not you have billable work. It's in the FLSA. If your employer tells you you cannot bill, tell them that is illegal. If they try to end the contract early because you spoke out, you have a case of discrimination.

likehelpful

Under the Fair Labor Standards Act (FLSA), an independent contractor is a worker who, as a matter of economic reality, is in business for themselves, not economically dependent on the employer for work, determined by looking at the totality of circumstances, with key factors including control, opportunity for profit/loss, investment, skill/initiative, permanency, and integration into the business. The ultimate test asks if the worker is economically dependent, with the economic realities of the relationship, not labels or contracts, being decisive.
So most freelancers are not 100% economically dependent on one client/agency for an extended period. If they are, they are classified as an employee.

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The latter. Otherwise it's illegal

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Not true.

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In my opinion, you need to reach out to your boss, team members, and resource managers when you are up and available. Some filling in between the gaps is not terrible, but if you are doing zero work, for hours on end, and billing to project codes, that will probably be noticeable and cause trouble.

Also, reach out and ask what expectations are for your on-call time. Ask if there is something you can do to fill it and keep billable.

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Thanks everyone. Seems the best approach would be to have a conversation with my hiring manager to understand the specific agency practices

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Expecting someone to be available for 8 hours but asking them to only bill while working is a form of semi slavery, and not uncommon now that so many people are looking for work.

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