Protections Afforded to Employees But Not Contractors

If you’ve been working as an independent contractor, you could be missing out on some important legal protections. As a contractor, companies are allowed to treat you like any other company or business owner. That means that none of these protections apply to you. This is detrimental to those who are misclassified employees. 

Here are just some of the protections you could be missing out on as a contractor:

Minimum wage

There is both a federal and state minimum wage requirement, although Florida is both much higher and set to steadily increase through 2026 up to $15 per hour. As a contractor, you could be paid a per project or per unit rate that, when compared to number of hours spent on the task, averages out to far below even the federal mandate.

Continue reading “Protections Afforded to Employees But Not Contractors”

Difference Between Contract and Temporary Employment and What It Means

Have you been told that you are a contract worker, only to discover that you were missing out on benefits by being defined as such? Especially if the position is temporary or seasonal, an employer is likely to hire either a contract or temporary employee. Often, employers will hire you as a contract employee so that they do not have to pay your insurance, overhead, expenses, benefits, or employment taxes. 

Sometimes these arrangements are on the up and up and beneficial for both parties, but often employers are intentionally deceitful in their labeling of employees to cut corners and save money. Luckily, there are some definitive ways that you can tell if you are a contract employee or a temporary employee.

Continue reading “Difference Between Contract and Temporary Employment and What It Means”

Benefits You Might Have Missed Out On If You Were Called an Independent Contractor

The term “independent contractor” is thrown around pretty loosely these days. Companies have always tried to get out of paying their employees fairly and providing them with reasonable benefits. But with the new surge in the gig economy, companies have found ways to get around calling you an employee, and that means you could be missing out on benefits to which you are entitled.

What is worker misclassification?

There are a lot of ways worker misclassification can prevent people from getting the appropriate pay and benefits. Worker misclassification happens when a company mistakenly or fraudulently claims that you do not have, nor are entitled to, employee status.

Continue reading “Benefits You Might Have Missed Out On If You Were Called an Independent Contractor”

What You Need To Know About Florida PIP and Civil Lawsuits for Car Accidents

If you have only recently moved to Florida, you may not understand the complexities of car accidents and auto insurance in the state. Florida is a bit different than most states, in that they have a no-fault insurance policy. That means that when you are in an accident, your insurance will have to pay for your injuries and damages, regardless of whose fault the accident is.

When people first hear this, they usually assume that this means you can’t get compensation from a negligent party. The truth is that you can, but it isn’t an easy thing to do. The laws and requirements for civil liability and car accidents are very murky waters, and it really takes an experienced attorney to wade through them safely.

Continue reading “What You Need To Know About Florida PIP and Civil Lawsuits for Car Accidents”

Proving Negligence in Slip-and-Fall Cases in Florida

Were you injured in a slip-and-fall accident? If your accident happened in a store or other commercial location, you might be thinking that they should pay for your medical bills and lost time at work. While this is the case in some situations, it doesn’t apply to every incident. You have to be able to prove negligence, and that means a lot more than you might think.

What is legal negligence in civil law?

As a general rule, you have to prove negligence to receive damages from any entity for any type of personal injury case. Slip-and-fall accidents definitely fall under this umbrella, but negligence is not an easy thing to understand when it comes to Florida’s slip and fall laws. Here is an explanation by way of example.

Continue reading “Proving Negligence in Slip-and-Fall Cases in Florida”

Florida Is a No Fault State: What That Means to Your Car Accident Claim

If you’ve recently moved to Florida and had a car accident, you might be feeling a little lost. Florida is one of just a few states that still have no-fault car insurance laws, so there’s a good chance you don’t really understand your new car insurance. Here’s what you need to know about Florida car accidents in relation to no-fault car insurance.

What is no-fault car insurance?

Florida “no-fault” insurance is actually just one coverage under your own car insurance policy, which is actually called Personal Injury Protection (PIP). In Florida, no matter who is at fault for the accident, your own insurance company pays 80% of your initial medical bills up to a maximum of $10,000. These payments are made from your own insurance PIP coverage, regardless who was at fault for the car accident. This can seem grossly unfair, especially if your injuries are severe and the accident clearly occurred due to someone else’s negligence.  

Continue reading “Florida Is a No Fault State: What That Means to Your Car Accident Claim”

What to Do When Negotiating with a Car Insurance Company

Florida requires all drivers to have car insurance, so you’re likely to deal with such a company or insurance agent whenever you are in a car accident anywhere in the state. Even when the other person is responsible, you will need to work with both your own car insurance company and the insurance agent for the other party to get claims filed and investigations completed in a timely manner.

Unfortunately, most of these companies are not interested in being timely. Think about it. These companies make their bread and butter based on the idea that something bad might happen. They don’t want to let go of it when something does happen unless they are absolutely required. As such, some companies will cause delays in processing the claims or outright deny claims out of turn.

Continue reading “What to Do When Negotiating with a Car Insurance Company”

Why You Should Always Contact Police After a Car Accident

It can be very tempting to just trade insurance, identification, and vehicle information when you have a “fender bender.” But even when an accident seems to be minor, you need to contact police to file an immediate report in a scenario where they can view the accident scene and evidence for themselves. Here are some other reasons to call the police after an auto accident.

Damage might be more than you think.

The State of Florida requires that all parties file a police report with the local authorities if an auto accident incurs more than $500 estimated damages. Even just busting the grill of a newer model Ford sedan can be thousands of dollars due to the materials and parts. If you make a mistake and fail to file a report, you could face fines and other repercussions.

Continue reading “Why You Should Always Contact Police After a Car Accident”

Can Your Employer Require You to Wear a Face Mask?

There has been a lot of controversy in the last several weeks about mask-wearing; and while we don’t want to get political, we do want to make sure that you are aware of your rights and limitations under the law when it comes to this health mandate. To understand how the law applies, we have to look at local mandates as well as employment law and workers’ rights.

Can my boss force me to wear a mask?

The short answer? More than likely your boss can force you to wear a mask, but you may be able to qualify for an exemption under the ADA.

Continue reading “Can Your Employer Require You to Wear a Face Mask?”

Why You Must Move Quickly in Employment-Related Lawsuits

The fact is that worker rights are violated every day across the nation. A very small percentage of workers actually pursue employment-related lawsuits when faced with workplace discrimination, harassment, wage violations, or retaliatory practices.

Many employees are on the fence about pursuing employment violations. They are afraid that they will not get any great benefit from the lawsuit compared to the hassle of pursuing the matter. In addition, employees worry that it will affect their ability to obtain employment in the future.

Continue reading “Why You Must Move Quickly in Employment-Related Lawsuits”