Independent Contractors: Florida

Federal law and guidance on this subject should be reviewed together with this section.

Author: XpertHR Editorial Team

Summary

• Florida has a statutory test for determining independent contractor status under the state's workers' compensation law. See Workers' Compensation.
• Florida courts consider 10 common law factors when determining whether a worker is an employee or an independent contractor under the Florida Reemployment Assistance Program Law. See Unemployment Insurance.
• A driver for a Transportation Network Company (TNC) (a ride-sharing company like Uber or Lyft that uses a digital network to connect customers with drivers who provide prearranged rides) will be considered an independent contractor and not an employee as long as certain conditions are met. See Transportation Network Companies.
• Employers are required to submit new hire reports for independent contractors paid $600 or more per calendar year for services provided in the course of their trade or business. See New Hire Reporting.
• Florida law shields employers from independent contractor misclassification lawsuits when they take certain actions performed during a public health emergency or a state of emergency declared by the governor, such as providing workers with personal protective equipment (PPE) or training them on health and safety. See Emergency Protections.