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Employment Law Myths

Dec 12, 2023

Employment Law Myth: My small company cannot afford a full time employee, so I can just hire independent contractors.

Fact: Companies and individuals cannot choose a label of “employee” or “independent contractor” based on preference. The classification of the worker is a legal determination, and is based on several factors, most of which revolve around the amount of control.

Do you tell the worker how to perform the service and how to work with your clients?

Does the worker use the company equipment and abide by the company policies?

If the answer to the above is yes, you most likely have an employee and not an independent contractor.

Why Does It Matter?

Misclassification is a huge problem for businesses. Employment laws apply to employees, so if you “think” you have an independent contract (because your independent contractor agreement says so) but the law determines you treat the person as an employee, then there are employment laws that must be followed, that you may be likely violating.

If you are an executive, owner or CEO of a company in Florida with employees or independent contractors, make sure you and your management team knows and understands the employment laws.

Make sure your workers are properly classified, so you can pay them properly, have the proper documentation, reduce risks of lawsuits and operate the business in a legal manner.

We offer HR and employment law consulting to Florida businesses so they can have the peace of mind to know they are operating both effectively and legally.


Have we met? I’m a Florida employment lawyer, workplace investigator and workplace trainer on employment laws. I help my clients navigate tricky workplace situations and comply with employment laws through legal advice and counseling, workshops/customized trainings for managers, HR and preparation of legal agreements.


  1. Legal Advice - Employment Law

The Wannos Law Firm, PA provides employment counseling and legal advice to clients in Florida. Please contact the firm for additional information on how we can help with you or your client's employment needs. Schedule a consultation.

  1. Employment Law Trainings

We train CEO's HR Departments, Supervisors and Employees on the employment laws affecting the business. More Information Here.

  1. Employment Mediation

Karly has practiced employment law for 16+ years and has represented both employees and employers throughout the course of litigation, making her an effective and understanding mediator. Online Scheduling and Quick Availability. 

  1. Workplace Investigations

The Wannos Law Firm, PA provides prompt, independent and efficient workplace investigations in response to employee complaints of harassment, discrimination, retaliation and serious policy violations. Schedule a call to discuss how we can help.

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