Legal Question in Business Law in Florida

Retail Sales Job

I work for a retail sales company with stores located in malls and stand alone locations. It is not a well know company but they have almost 250 stores located in Georgia, Texas, North and South Carolina, Kentucky, Florida and Tennessee. We are 100% commission and receive no salary at all. We are considered independent contractors but are given a monthly schedule. After 90 days we are required to self incorporate for �tax reasons.� The company itself has no liability for its �contractors or employees.� If something goes missing on a shift we pay for it, if someone steels something we are responsible. If a customer bounces a check, it is our fault. They call us outside salesmen, but if we are late for a required shift we get fined.

I am not sure what the laws are in the all the states, but I get the sense from asking around this is illegal. It is it legal for a company to require a independent contractor to work a schedule?


Asked on 7/22/07, 10:52 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Retail Sales Job

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Generally not but the law does allow some exceptions such as independent route salesman and others. You need to meet with an employment attorney or labor attorney to review the specifics of your situation to determine whether or not your employer has overstepped its bounds.

Scott R. Jay, Esq.

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Answered on 7/22/07, 11:56 pm


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