Employee Misclassification in Miami, FL - BT Law Group, PLLC
Notas del episodio
From BT Law Group, PLLC - Employee Misclassification in Miami, FL examines how Florida workers can find themselves labeled as independent contractors when the law may actually consider them employees. The episode looks at how misclassification can affect a worker's minimum wage, overtime, taxes, and workers' compensation rights, and explains how the Fair Labor Standards Act protects covered, nonexempt employees from these harms. Listeners will hear how a contractor agreement or Form 1099 does not settle the question of employment status, since courts look at the actual working relationship to make that determination.
The discussion outlines how courts apply the economic realities test, weighing factors such as opportunity for profit or loss, investment, degree of permanence, control, whether the work is integral to the business, and skill and initiative. It also covers common warning signs of misclassification in Miami, from receiving a 1099 while performing employee-like duties to having a schedule and equipment controlled entirely by the company. The podcast notes why some Miami employers misclassify workers to reduce costs tied to overtime, taxes, and workers' compensation, and how a willful violation can extend the time to recover unpaid wages from two years to three years.
Jason D. Berkowitz of BT Law Group, PLLC represents workers in wage and hour disputes, employee misclassification cases, and retaliation claims, and earned his J.D. cum laude from the University of Miami School of Law and his B.A. from Tufts University. Alongside him, Anisley Tarragona represents employees in workplace disputes involving unpaid wages, misclassification, discrimination, and wrongful termination, and also earned her J.D. from the University of Miami School of Law. The episode touches on remedies available under the FLSA, including unpaid minimum wages, unpaid overtime, liquidated damages, and attorney's fees and costs, along with the protections under Florida Statute § 448.08.
This episode also addresses what workers should do if they suspect misclassification, from preserving pay records to documenting duties and working conditions, and explains that federal law prohibits retaliation against employees who assert their FLSA rights. It closes with a look at filing deadlines under the FLSA's two- or three-year statute of limitations and reminds listeners that BT Law Group, PLLC represents workers throughout Miami-Dade County and across Florida. Call BT Law Group, PLLC at (305) 507-8506 to discuss a potential misclassification or unpaid wage claim.
BT Law Group, PLLC
3050 Biscayne Blvd STE 205, Miami, FL 33137
(305) 507-8506