Legal Question in Employment Law in Florida

i work at a tourist center and am classified as an independant contractor, yet i wear the company logo on my uniform and am given a weekly schedule. if i close my location early and the sales manager finds, out i can be reprimanded even though as an independent contractor. i should be allowed to set my own schedule. we also have meetings, are told which products to push to tourists and are secret shopped by supervisors. recently our commisions for certain products were cut by management because outside products have been deemed too high and we should only sell our company's tour products. we are also required to pay rent daily to use these locations.we are also requred to file daily sales reports.i contend our salespeople,who all operate under the same structure should be paid hourly or not be controlled by the employers hours. if we are misclassified, are we entitled to retroactive hourly wages? i have worked here 3 years. thanks for your imput!


Asked on 2/28/10, 5:39 pm

1 Answer from Attorneys

Scott Behren Behren Law Firm

Hey there. They probably missclassify you in order to avoid paying federal employment taxes and possibly overtime or other benefits. Based upon a set of critera established by the IRS to determine whether you are an employee or independent contractor, what they are doing may be illegal. I would be happy to speak with you about remedies available to you if you wish to do so.

Scott Behren

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Answered on 3/08/10, 3:24 pm


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