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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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{ 2 comments… read them below or add one }

Mike Lee February 18, 2015 at 12:38 pm

I was hired as Realtor. Shortly there after I was asked to manage and recruit for the new office. I was told by the Broker that he would pay me a DRAW to manage vs 30% of the net, Being a new office there was no income and it would take a while to become profitable. Even though I asked for it several times I was not given a contract reflecting the fact that I was the manager. ( different from Agent ) Fourteen months later the office was still trying to get going and I was terminated from the position. The Broker said that I owed him the Draw. He 1099’d me for the Draw. He stated that he would take out a % of my future production to repay him.
In escense he is saying that it is loan from him personally. Because he 1099’d me it then become earned income, not a loan. By asking for the Draw back he is really blackmailing me into paying him. Had he not 1099’d me then perhaps it could have been construed as money owed. Hence he will have not paid me anything for 14 months of 10 hour days.
I don’t think I owe him anything. Your thoughts on this please.


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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