Legal Question in Employment Law in Florida

misclassification of employees as independant contractors

My husband works for a company who pays him as an independant contractor but he is treated as an employee, i.e. he has to work from their site, has to come and go during hours they dictate, was trained there, is provided healthcare benefits options, they pay him by the hour, etc. They make him work overtime but don't pay him time and a half and don't pay their percentage of taxes, workman's comp., etc. He's worked there a year and averages 50-55 hrs./week. He wants to do something about it but we can't afford for him to lose his job because he's the only one working at the moment. They operate as a bunch of LLCs also, one big boss has his LLC and he has a couple of other LLCs under him who are basically individuals who are his managers. My husband gets 1/2 his pay from the main LLC and 1/2 from the manager's LLC who is under him. He'd like to report this company to someone without losing his job. What kind of proof does he need to get an investigation started, who does he report them to, and can he sue them for back overtime - if so how much can he get, just what is owed him or can he go for penal damages?


Asked on 3/15/06, 4:36 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: misclassification of employees as independant contractors

It sounds as though he may have a claim for overtime violations of the Fair Labor Standards Act. Please contact an attorney as soon as possible to further explore his rights and in this regard feel free to contact us to address some of your more specific questions.

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Answered on 3/15/06, 12:16 pm


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