SIMILARLY, FLORIDA USES A RIGHT OF CONTROL TEST TO DETERMINE IF SOMEONE IS AN EMPLOYEE- TOMMIE IS AN EMPLOYEE/TOWN MANAGER BY FLORIDA LAW

Florida uses a “right of control” test to determine whether a worker is an employee or independent contractor in most areas of the law.  Florida courts have adopted a number of criteria to aid in making this determination. The criteria include:

  • The extent of the right of control by the employer over the details of the work;
  • Whether the person employed is engaged in a distinct occupation or business;
  • The kind of occupation involved, and whether the work is done under the direction of the employer or by a specialist without supervision;
  • The skill required in the particular occupation;
  • Whether the employer supplies the instrumentalities, tools, and the place of work;
  • The length of time the person is employed, and
  • Whether the work is a part of the regular business of the employer.

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