When it comes to independent contractor classification, human resources professionals can often feel no good deed goes unpunished. While (depending on context and location) there are a variety of tests for independent contractor status, as a general rule the more perks and benefits provided by a company, the more likely it is the individual will be deemed a bona fide employee and not a true independent contractor.
Florida SB 542, which was signed by Governor DeSantis last month and will go into effect on July 1, 2022, provides well-intentioned businesses in the Sunshine State with some relief. This new law shields businesses from misclassification claims when providing assistance to “engaged individuals” during declared emergencies. An “engaged individual” is defined as anyone “who provides a good or service to a business or on behalf of a business and who is remunerated for the good or service, regardless of the individual's classification as an employee or independent contractor."
During the Covid-19 pandemic, many businesses wanted to provide support to non-payroll workers such as independent contractors, gig workers, and freelancers but did not do so, as they feared the relationship would then be misclassified as an employee-employer relationship. The types of aid businesses wanted to provide varied; however, simple actions such as providing protective equipment or medical supplies were often avoided due to misclassification concerns. Companies feared that by...
She is 66 and on Original Medicare. Her latest Medicare Summary Notice (MSN) lists a $1,200 knee brace from a supplier she has never heard of. Her knees are fine and no package ever came. Medicare...