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Independent Contractor or Employee? Know the Difference

On Behalf of | Dec 27, 2023 | Employment Law |

The line between an independent contractor and an employee can be quite blurry at times, but it’s an important distinction to make. Classifying your workers appropriately is a legal obligation in Florida. 

When distinguishing between employees and independent contractors, here are some important questions to ask:

How essential is the worker? 

The precise role of the worker is pivotal in making the appropriate classification. If the individual is someone who only comes in once or twice per month to clean, then their role is not essential. That isn’t to downplay the work that they do, but they don’t do it on a regular basis. 

On the other hand, someone who comes in every single day and handles key business matters is more likely to be considered an employee. 

Do they set their own schedule? 

The schedule of a worker is also important when making classifications. If you have set their schedule and assigned their hours, then this points to an employee. If the worker chooses when they come and go, and they have a specific end date for their duties, they are more likely to be classed as an independent contractor. 

What can you do to get it right?

The best way to make sure that you are classifying workers appropriately is to utilize contracts. Generally, the more control you have over a worker and the more fundamental they are to business operations, the more likely they are to be classed as an employee. 

We help businesses looking to classify their workers appropriately and avoid the problems that come with misclassification. Please contact us for a consultation.