At MLG Business Litigation Group, our Florida<\/u>\u00a0attorneys understand that during peak business periods employers may turn to independent contractors to perform services that are not a part of their regular business or to work on a special assignment and fill other roles that fall outside the scope of their workforce.<\/p>\n
When they do, they must ensure the independent contractor is accurately classified. That distinction can be easily outlined in a statement of work agreement or contract to confirm their status as a non-employee to avoid penalties associated with misclassification, which can be steep.<\/p>\n
Here are a few things employers should know about working with independent contractors in Florida.<\/p>\n
There are multiple differences between employees and independent contractors, with the most evident and critical elements being the employer\u2019s right to control the individual\u2019s means and method of accomplishing the work.<\/p>\n
When evaluating a worker\u2019s status, the Florida Department of Management Services<\/u><\/a>\u00a0determines whether an individual is an employee or an independent contractor through multiple factors, including:<\/p>\n Additional differences in the business relationship between employers of independent contractors and that between employers and employees also include the following distinctions.<\/p>\n Independent Contractors:<\/b><\/strong><\/p>\n Employees:<\/b><\/strong><\/p>\n Florida law does not require a written independent contractor agreement, but in the interest of protecting your business, it is better to have one than not.<\/p>\n Outlining the details of the employer-independent contractor agreement is the only way to ensure that your terms are enforceable in a court, should a breach of contract<\/u><\/a>\u00a0occur.<\/p>\n Independent contractor agreements are also an effective way to minimize potential disputes and allegations of misclassification.<\/p>\n Misclassifying employees as independent contractors can lead to severe penalties under the law, even if the misclassification was unintentional.<\/p>\n Fines can range from $2,500 \u2013 $5,000 for each misclassified employee, not to mention potential litigation initiated by the employee.<\/p>\n If you are unsure of how to handle a breach of contract or misclassification legal issue, contact<\/a> our Business Litigation attorneys in Florida<\/a> today at 888-904-2524<\/a> for a free case evaluation.<\/p>\n\n
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Are Independent Workers Required to Sign Contracts in Florida?<\/h2>\n
What are the Penalties for Employee Misclassification in Florida?<\/h2>\n
Contact MLG Business Litigation Group in Florida for a Free Case Assessment Today<\/h2>\n