News & Analysis as of

Independent Contractors Employer Liability Issues Florida

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
McGlinchey Stafford

Florida CHOICE Act Expands Enforceability of Non-Compete and Garden Leave Agreements

McGlinchey Stafford on

On July 1, 2025, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act took effect, ushering in substantial changes to the state’s non-compete law under Florida Statute §...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 1, January 2024

We are excited to kick off 2024 with more in-depth insights into the construction industry and legal issues that can impact your business. Our goal is to provide the most up-to-date information along with our thoughts and...more

Fisher Phillips

Sign of the Times? New Law Protects Florida Companies from Misclassification Claims When Aiding Gig Economy Workers in Emergencies

Fisher Phillips on

The pandemic has taught employers that flexibility is key to survival – and thanks to a new law just signed into effect on May 11, Florida employers will not have to worry that any emergency actions they take to aid gig...more

Fisher Phillips

Florida Healthcare Snapshot: Are Your Home Health Contractors Actually Employees?

Fisher Phillips on

Welcome to a special edition of our Healthcare Snapshot – this time with a Florida focus. We’re taking a deeper dive and examining how the U.S. Department of Labor (DOL) is focusing on whether home healthcare employees are...more

Shutts & Bowen LLP

Florida Businesses Subject to Mandatory New Hire and Contractor Reporting as of Oct. 1, 2021

Shutts & Bowen LLP on

On June 16, 2021, Governor DeSantis signed legislation amending Fla. Stat. 409.2576, imposing revised reporting requirements of new hires, re-hires and independent contractors for businesses across the State of Florida....more

FordHarrison

Florida Business Required to Report Independent Contractors Effective October 1

FordHarrison on

Executive Summary: Effective October 1, 2021, Florida businesses will be required to submit new hire information for their independent contractors to the Florida Department of Revenue. This is a significant change for...more

Troutman Pepper Locke

Limited Impact of New Florida Law Deeming Uber, Lyft and Other Ride-Sharing Drivers Independent Contractors and Not Employees

Troutman Pepper Locke on

On May 9, 2017, Governor Rick Scott of Florida signed the Transportation Network Companies Act (HB 221), which designates drivers for ride-sharing companies in the on-demand or gig economy as “independent contractors” as long...more

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