Your employment classification matters more than you might realize. It directly impacts your rights as an employee. You work hard for your earnings and deserve every benefit entitled to you by law. Accurate employment classification is the key to unlocking those benefits.
If you are an employee, you are likely eligible for overtime pay, minimum wage protections, health insurance, retirement plans and unemployment insurance. These benefits are not just perks of the job. They are your rights, safeguarded by wage and hour laws in Florida.
Misclassification can strip you of these rights. For example, if your employer misclassified you as an independent contractor, you may not be able to obtain overtime pay or workers’ compensation.
Verifying your employment status
As an employee, you must know and understand your employment classification to appreciate the rights and protections that come with it. You can also ensure you are contributing correctly to Social Security and Medicare and paying appropriate taxes. You can start verifying your employment classification by doing the following:
- Review your job description and the actual work you perform.
- Assess the level of control you have over your work versus the control exerted by your employer.
- Compare your working conditions and benefits with those of other employees in similar roles.
- Check if your paycheck reflects the correct tax withholdings and benefit deductions.
In Florida, you can use 10 determining common law factors to establish your classification apart from those listed above.
Discovering discrepancies in your employment status
If you find discrepancies or are unsure about your classification, discuss your concerns with your employer or human resources department. Make sure to document your work hours, job duties and any other relevant information that supports your correct classification. Your employer may rectify the situation by changing your classification and making necessary adjustments to your compensation and benefits.
If your employer has misclassified you as an independent contractor, you may have the right to claim back pay for overtime and any benefits they did not provide you. It is a matter of getting what is rightfully and legally yours.