Florida Independent Contractors laws & HR compliance analysis

Florida Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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Florida courts have used a 10-factor test to determine whether an employee is covered by workers' compensation or is an independent contractor who is not covered (Keith v. News & Sun Sentinel Co., 667 So. 2d 167 (Supreme Court of Florida, 1995)). The 10 factors are:
• The extent of control that the employer may exercise over the details of the work;
• Whether or not the individual employed is engaged in a distinct occupation or business;
• Whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision;
• The skill required in the particular occupation;
• Whether the employee or the worker supplies the instrumentalities, tools, and the place of work for the person doing the work;
• The length of time for which the person is employed;
• The method of payment, whether by the time or by the job;
• Whether or not the work is part of the regular business of the employer;
• Whether or not the parties believe they are creating the relation of employer and employee; and
• Whether the individual is or is not in business.
Under Florida law, an independent contractor working or performing services in the construction industry is considered to be an employee for workers' ...

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