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)