The Florida tests: Are workers employees or independent contractors?

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in Compensation and Benefits,Hiring,Human Resources,Small Business Tax,Small Business Tax Deduction Strategies

Recently, we addressed the risks involved in misclassifying employees as independent contractors and explored the three federal tests for getting it right.

Be aware that Florida has own laws for determining whether a worker is an employee or an independent contractor. Along with the federal standards, you need to be familiar with the Florida tests.

Florida’s Workers’ Compensation Act

Florida’s Workers’ Compensation Act provides its own test and factors. A worker is an independent contractor if he or she meets four of the following factors:

1. Maintains a separate business with his or her own work facility, truck, equipment, materials or similar accommodations
2. Holds or has applied for a federal employer identification number (unless the independent contractor is a sole proprietor who isn’t required to have a federal employer ID number)
3. Compensation for services rendered or work performed is paid to a business ra...(register to read more)

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{ 1 comment… read it below or add one }

Bob Howard February 11, 2014 at 9:39 am

A cab driver is considered an independent contractor, however, are there any laws that govern what the contractor or employer can and can not do? My question lies more on the dispatching of calls. Is an employer or contractor required to equally (as reasonably as possible) dispatch calls or is picking which drivers make more money than others confining drivers under the employee title.

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