What is the difference between an employee and an independent contractor?

The distinction between an employee and an independent contractor in Florida is important in the context of wage and hour law. An employee is someone who is employed by an employer and works under the direction and control of the employer. An employee is hired to perform specific duties and receives wages, salary, tips, or other compensation from the employer. An independent contractor, by contrast, is someone who works for themselves and is not subject to the direction and control of an employer. An independent contractor provides services or performs work on their own behalf and is typically paid a fixed rate for such services. In terms of wage and hour law, an employee is subject to the employer’s wage and hour laws, including rules related to minimum wage, overtime, and tips. An independent contractor is not subject to such laws. Instead, an independent contractor is generally responsible for setting their own rates and hours, negotiating their own contracts, and paying their own taxes. As such, employers must be careful to correctly classify employees as either employees or independent contractors. Failure to do so could lead to violations of wage and hour law.

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