Miami Independent Contractor Lawyer

Independent Contractor Lawyers Based in Miami-Dade County

Independent contractors serve a valuable purpose for many companies. However, misclassifying an individual as an independent contractor (as opposed to an employee) can have significant consequences. To complicate the situation further, Florida common law and various statutes have different definitions of an independent contractor.

For example, under the Fair Labor Standards Act, courts look at the “economic reality” to determine whether the individual is an employee or independent contractor. The U.S. Supreme Court has made clear that the “totality of the circumstances” dictate the relationship between the parties. The Supreme Court identified several factors which guide the analysis. For example,

  • The permanency of the relationship
  • The nature and degree of control
  • The alleged contractor’s opportunity for profit and loss
  • The degree of independence
  • The existence of an employment or independent contractor agreement

In January 2019, the National Labor Relations Board (the “Board”) readopted the traditional common law test to determine whether it is an employment or independent contractor relationship. In the case SuperShuttle DFW, Inc., the Board evaluated, among other factors, the method of compensation, control over setting work schedules, the opportunity for significant economic gain, the absence of supervision, and the parties’ understanding of the relationship, to find that the franchisees at question were independent contractors. The Board’s decision overturned the Board’s 2014 decision in FedEx Home Delivery.

The Internal Revenue Service, for example, focuses on the level of control and independence.

The Florida Department of Revenue has identified 10 factors for determining whether an individual is an employee or independent contractor. For example, the Department of Revenue looks at factors such as:

  • The amount of control the employer has over the worker
  • Whether the work being performed is typically done under the direction of an employer
  • The skill needed for the particular occupation
  • Whether the employer supplies the required tools and equipment
  • The length of the relationship
  • The method of payment
  • Whether the work is part of the regular business of the employer
  • The intent of the parties which is sometimes reflected in a written agreement
  • Whether the hiring party is a business

In Florida, the intentional misclassification of a worker is a felony. Additionally, there could be tax consequences by misclassifying a worker. If the Department of Revenue investigates an employer, the employer is generally required to complete an Independent Contractor Analysis (Form RTS-6061) which contains a number of questions designed to determine the relationship between the worker and the employer. If the Department of Revenue makes an adverse finding, the consequences could be significant.

To help navigate this minefield, contact an experienced attorney at BT Law Group who can explain the laws, prepare a comprehensive independent contractor agreement, defend against a claim of misclassification, or file a lawsuit on behalf of an employee who was improperly classified as an independent contractor.

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Our Process
1.
Investigate

As a first step, your assigned legal team will gather and review records related to your claim, including any employment contract or offer letter, time sheets, any relevant communications, and any disciplinary actions, including performance improvement plans or termination paperwork.

These documents will help your attorneys evaluate your claims and develop a strategy to obtain the best results for your situation.

2.
Formulate

Once your legal team completes the initial investigation, they will work with you to determine the best legal strategy for your situation. Your legal team will make recommendations and will work with you to formulate the most effective approach to obtain your desired outcome.

3.
Advocate

After you and your legal team formulate the strategy, your legal team will advocate on your behalf to obtain your desired outcome. This could include negotiating a separation package, engaging in pre-suit negotiations, sending a demand letter, and/or filing a charge of discrimination or lawsuit on your behalf.

The attorneys at BT Law are experienced trial lawyers and will advocate for your rights in the courtroom as necessary.

Reviews

Jason and Anisley are one of the best decisions someone can make given the situation. They are knowledgeable, transparent, proactive and communicate with their clients. I have dealt with other attorneys in the past and I’m always frustrated because you don’t get information or you have to chase the attorney and staff down that’s not the case with them.

In finding the right lawyers to represent you, you want to have mutual respect and understanding for each other and clear communication to achieve your goals. BT Law Group is just that. They not only represented me to their fullest abilities, but went above and beyond to truly understand my goals and priorities and provide sound legal advice to achieve such. It was a pleasure working with both Anisley and Jason, I’d highly recommend them.

We very much enjoyed BT Law Group’s founding partner, Anisley Tarragona service and attention to detail. From the onset her approach was practical and conscious of providing the best legal advice while being mindful of suggesting cost effective, conservative solutions. We find her to be a great business partner to service all our employment related legal needs.

I received a prompt and very professional service by the BT Law Group. Ms Tarragona provides tailored advice in the best interest of the client. She was meticulous and explained the pros and cons of my case in very simple terms which allowed me to consider and take the best decision. Very happy with the service. Highly recommended.

Absolutely wonderful and professional services. Represented my mom in a caring and personalized manner. Knowledgeable and ethical. Thank you!

I always consult BT Law Group for employment law matters. They are responsive, practical and efficient. I recommend them to colleagues and friends.

Trusted advisors
Jason D. Berkowitz is a Founding Partner of BT Law Group, PLLC. Prior to starting BT Law, Mr. Berkowitz was a Partner in the Miami office of a national labor and employment law firm where he represented management exclusively.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. Prior to starting BT Law, Ms. Tarragona worked in the Miami office of a national labor and employment law firm where she represented management exclusively. Ms. Tarragona, who was born and raised in Cuba, is fluent in Spanish.
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