Employees who are misclassified as independent contractors are denied access to critical benefits and protections provided by law. If you suspect you have been hired an independent contractor when you should be an employee, get in touch with Florin Gray Bouzas Owens, LLC. Our Tampa employment lawyer can tell you if you have a case and what damages you may be entitled to claim. To schedule a free consultation, contact us today.
An independent contractor is someone who provides goods and services on a contract basis, rather than earning a set hourly or salary wage. Under Florida workers’ compensation law, an employee is defined as “any person who receives remuneration from an employer for the performance of any work or service while engaged in any employment under any appointment or contract for hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and minors.” The statute also states that the term “employee” includes any person who is an officer of a corporation and performs services for remuneration for that corporation within the state, whether or not those services are continuous.
There are specific distinctions under the law between an employee and an independent contractor, and misclassification can have significant financial implications. Our Tampa employment attorney can review your employment contract and workplace responsibilities to determine what your classification should be. From there, we will tailor a legal strategy based on your circumstances. You may be entitled to file a claim for compensation for the losses you have suffered because of misclassification.
Our firm offers a free initial consultation to determine whether you have a case before proceeding. We are dedicated advocates for our clients and take a hands-on approach, devising comprehensive strategies specifically tailored to their needs. We are compassionate and understanding, and all our legal decisions are informed by your specific circumstances.
The US Department of Labor’s Wage and Hour Division publishes Fact Sheet 13 which can guide you in determining whether your relationship with an employer is that of an employee or a contractor. This one-page Fact Sheet lists seven “significant factors” which can help you assess where your specific situation might be evaluated. It also lists factors which do not matter, and also typical problems in making this determination. Use this resource to prepare yourself to speak with your attorney. This Fact Sheet exists because misclassification of employees is a common problem.
The most common compensation for misclassified workers is back wages for unpaid overtime and minimum wage. Under the Fair Labor Standard Act (FLSA), workers may seek liquidated damages and recover up to double the amount that is owed. Once the court determines that a worker is in fact an employee, he or she may then become eligible for unemployment insurance, workers’ compensation, and other benefits.
Our attorneys at Florin Gray Bouzas Owens, LLC have a history of success handling all matters of employment law for more than two decades. We are passionate advocates who will aggressively litigate for maximum compensation. If you have been misclassified as an independent contractor when you should be an employee, contact our firm for a free case consultation.