Some people work jobs where they’re called independent contractors instead of employees. Maybe they don’t get paid time off or benefits. Maybe they get a 1099 tax form instead of a W-2. But here’s the thing—just because your boss says you’re a contractor doesn’t mean the law agrees.
In Florida, the law has a special test to help decide if you’re really a contractor or if you should be treated like an employee. This is very important because employees have more legal rights and protections than contractors.
At Braslow Legal, we help workers understand what their job classification really means—and what to do if it’s wrong.
What’s the Difference Between an Employee and a Contractor?
Let’s break it down:
Employees usually:
Work for one company
Follow a schedule set by their boss
Use the company’s tools or equipment
Get paid time off and other benefits
Are protected by state and federal labor laws
Independent contractors usually:
Work for themselves or many clients
Set their own hours
Use their own tools or workspace
Don’t get benefits like sick leave or health insurance
Have fewer legal protections
Employers sometimes call people “contractors” to avoid following labor laws. That’s illegal if the person is really working like an employee.
The ABC Test: A Simple Way to Tell
There’s a test called the ABC test. If all three parts of this test are met, you can be called an independent contractor. If not, you are legally an employee—even if your boss says otherwise.
A – Are You Free from Control?
You must be able to decide how you do your work without being closely supervised.
B – Is Your Work Different from the Company’s Main Business?
Your job must be outside the main work of the company. For example, if a bakery hires a plumber to fix a sink, that plumber is likely a contractor. But someone baking cookies in the kitchen? That’s core to the business—they’re an employee.
C – Do You Have Your Own Business?
You must regularly do this kind of work for other clients or run your own business. If you only work for one company, you may not meet this part of the test.
If the company fails even one part of the ABC test, you should be classified as an employee.
Why Classification Matters
Being called an independent contractor when you're really an employee can cost you money and protection. Here are just a few things employees in Florida are legally entitled to:
Paychecks every two weeks
Sick time that builds up over time
Paystubs showing what you earned and what was taken out
Unemployment benefits if you lose your job
Triple pay if your boss doesn’t pay you on time
Legal protection if you speak up about unfair treatment
Independent contractors usually don’t get any of these benefits. They also don’t have strong protection from things like discrimination or being fired unfairly.
Examples to Help You Understand
Here are two real-life examples from Florida:
A newspaper delivery driver who drops off papers to customers is doing the newspaper’s usual work. They’re an employee, not a contractor.
A taxi driver who owns their own car and chooses their own hours is doing their own business. They’re more likely a true independent contractor.
The key is to look at the full picture—how the work is done, who’s in control, and whether the work is part of the company’s normal business.
What About Federal Law?
Federal law also looks at whether a person is an employee or contractor, but the rules are a bit different. The U.S. Department of Labor checks the full working relationship—not just one test. You can learn more about that here.
Even though federal law matters, Florida law is stronger for protecting workers. So if you live and work in Florida, the ABC test is what counts most.
What Can You Do If You’ve Been Misclassified?
If you think you’re being treated like a contractor but you’re really an employee under the law, you can take action. You may be able to:
Get back pay you missed
Recover sick time or other benefits
Ask for triple damages for missed or late wages
At Braslow Legal, we help workers figure out if they’ve been misclassified and help them take legal steps to fix it.
Final Thoughts
Your employer doesn’t get to decide if you’re a contractor or an employee—the law does. And if your boss got it wrong, you might be missing out on money and rights you deserve.
If you’re looking for an employment or trademark attorney in Orlando, Contact Braslow Legal today. We can help you understand your rights and fight for what you’re owed.