Legal Question in Employment Law in Florida

contracted employee vs. regular employee

I am considered an employee, I have set hours and taxes are taken out. However I am paid a % of service performed when performed (not required to be on site when no service scheduled). The employer now wants me and othe like me to be on site for entire shift regardless of apointments with no compensation, and asking to do other peoples hourly work. where is the line drawn for hrly. employee and contracted work. and if one of us % paid persons is injured on site while waiting for work where do we fall under workers comp. (hope this is understandable.)


Asked on 10/14/08, 10:12 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: contracted employee vs. regular employee

If you are an employee you are covered under work comp. if you are on the job, regardless of whether you are actually doing any work at the moment you are injured.

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Answered on 10/14/08, 10:56 am


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