Wilson McCoy P.A. Work Matters
Make Your Consultation | 407-803-5400
  • Home
  • About
    • Team
      • Wilson, Gary D.
      • McCoy, Nathan A.
      • Sutherland, Paul L.
      • Xart McMahon, Karina S.
    • Community
  • Practice Areas
    • Employee Services
    • Employer Services
    • Mediation
    • Small Business & Startups
    • Union Services
  • En Español
  • Flat-Fee Services
  • Videos
  • Blog
  • Contact
Wilson McCoy, P.A.
407-803-5400
  • Home
  • About
    • Team
      • Wilson, Gary D.
      • McCoy, Nathan A.
      • Sutherland, Paul L.
      • Xart McMahon, Karina S.
    • Community
  • Practice Areas
    • Employee Services
    • Employer Services
    • Mediation
    • Small Business & Startups
    • Union Services
  • En Español
  • Flat-Fee Services
  • Videos
  • Blog
  • Contact
Wilson McCoy P.A. Work Matters
  • Home
  • About
    • Team
      • Wilson, Gary D.
      • McCoy, Nathan A.
      • Sutherland, Paul L.
      • Xart McMahon, Karina S.
    • Community
  • Practice Areas
    • Employee Services
      • Contract Disputes
        • Employment Contracts
        • Non-compete Agreements
        • Severance Agreements
      • Discrimination
        • Age Discrimination
        • Disability Discrimination
        • Gender Discrimination
        • National Origin Discrimination
        • Pregnancy Discrimination
        • Race Discrimination
        • Religious Discrimination
        • Family Medical Leave Act
        • Sex Discrimination
        • Sexual Harassment
        • USERRA Military Leave
    • Employer Services
      • Business Organizations & Startups
      • Commercial Disputes
      • Counseling, Advice, Training
      • Employment Litigation
    • Mediation
      • The Benefits Of Mediation
    • Small Business & Startups
      • Aveda Information
      • COVID-19 Concerns
      • Orlando Business Attorneys
    • Union Services
      • Private Sector Labor Relations
      • Public Sector Labor Relations
    • Same Day Severance Review
    • Wage And Hour
      • Meals & Rest Breaks
      • Mediation & Arbitration
      • Misclassification Of Employees
      • Unpaid Overtime
      • Unpaid Wages
    • Whistleblowing/ Retaliation
      • False Claims Act
  • En Español
  • Flat-Fee Services
  • Video Center
  • Blog
  • Contact

 407-803-5400​

Strategic Legal Guidance For Every Aspect Of Your Work Concerns

What happens if workers are misclassified?

Calling a worker an independent contractor instead of an employee creates legal and financial problems. Both businesses and workers need to understand the rules to follow Florida and federal laws. Whether a worker is an employee or contractor determines their pay, benefits, and legal rights.

Penalties for businesses

Businesses that misclassify employees face serious consequences. The U.S. Department of Labor (DOL) and the Florida Department of Revenue issue fines, require businesses to pay missing wages, and collect unpaid taxes. Employers must pay extra for Social Security, Medicare, and unemployment benefits. If a company misclassifies workers on purpose, authorities can charge them with breaking tax or wage laws.

What workers lose

Workers labeled as independent contractors lose important benefits. Employees receive minimum wage, overtime pay, and workers’ compensation, but independent contractors do not. Contractors also miss out on company health insurance, retirement plans, and job-protected leave under the Family and Medical Leave Act (FMLA). Workers who experience misclassification can claim lost wages and benefits.

Workplace rights and responsibilities

A worker’s classification affects their rights. Employees receive protections under the Fair Labor Standards Act (FLSA) and Florida labor laws. They can form unions and receive protection from unfair termination. Independent contractors control their work but must manage their own taxes, insurance, and expenses. Misclassification creates confusion about workplace rights.

Fixing misclassification problems

Workers who believe their classification is incorrect can file a complaint with the DOL or the Florida Department of Economic Opportunity. These agencies review job duties, employer control, and other details. Businesses that misclassify workers must correct the mistake and pay any missing wages or taxes.

Recent Posts

  • When “culture fit” becomes a legal risk
  • 5 clauses in severance agreements that can affect your career
  • What to do when a whistleblower’s performance has been declining?
  • Signs of age discrimination during a layoff
  • Remote work bias in Florida workplaces: 2 issues to watch

Archives

Categories

  • blog
  • Discrimination
  • Employment Law – Employee
  • Employment Law – Employer
  • Firm News
  • Severance Agreements
  • Wage And Hour Laws
  • Whistleblowing

RSS Feed

Subscribe To This Blog’s Feed

Office Location

932 N. Maitland Ave.
Maitland, FL 32751

Phone: 407-803-5400

Maitland Office
Review Us

How Can We Help?

Do you have a workplace matter on your hands? Get a team that understands the nuances of Florida employment law from both sides of the courtroom. Schedule your consultation today.

© 2026 Wilson McCoy, P.A. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw