Florida Jury Instruction - 10.10.3 Employee vs. Self-Employed Independent Contractor
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How to fill out Jury Instruction - 10.10.3 Employee Vs. Self-Employed Independent Contractor?
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FAQ
Florida uses the 'right of control' test to determine if a person should be classified as an employee or an independent contractor. The key factor that courts will consider is the extent that an employer has the right to control when/how an individual does a job.
Factors that show you are an independent contractor include working with multiple clients instead of just one, not receiving detailed instructions from hiring firms, paying your own business expenses such as office and equipment expenses, setting your own schedule, marketing your services to the public, having all ...
Even though their pay can vary depending on the terms of their contracts, employees normally do not have the chance to profit from their work. Independent contactors may have the chance to profit or incur losses from their work. They can set their own prices and normally incur expenses to complete the work.
The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place ...
The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.
Employees are required, under the law, to be paid at least Federal minimum wage, as well as overtime pay. An independent contractor has no such requirements and usually works for a set price per job, although this can vary, depending on the work performed.
Independent contractors are required to take care of their own state and federal taxes and are not W2 employees. They will report their earnings on a 1099-MISC form, and they do not receive overtime pay. When employers report the work of staff on a W2, this automatically changes their status to that of the employee.
§ 440.02(15) - "Employee" means 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 ...