If you’re wondering what laws might apply to independent contractors in the state of Florida, you’re not alone. Some of these statutes and laws are written in ways that establish a gray area, creating confusion for human resources and alternate employers.
Are you worried about misclassification? Do you want to make sure you’re in compliance with Florida and federal laws? Are you interested in learning more about the way the FCRA applies to the state of Florida? Allow our FCRA attorneys to help you by breaking down everything you need to know about the FCRA and independent contractors.
What Is the FCRA?
The FCRA is the Fair Credit Reporting Act, which determines whether or not businesses should use background checks for employment purposes. This act regulates how agencies, as well as employers or potential employers, might access, collect, share, or use the data you provide in your credit report or background check.
The FCRA aims to ensure there is accuracy, privacy, and fairness in this information. This applies to all of the United States, including employers or potential employers in Florida. According to the Employment Law Handbook, to be in compliance with the FCRA, employers are required to tell applicants or employees that they might use the provided information to inform their employment decisions. That’s required to be done in writing, as well as in a stand-alone format outside of an employment application.
In order to proceed, the employer needs to get written permission from the potential employee. Then compliance must be certified to the company, including verification that the employee has been notified and that permission has been received. They’re also required to comply with all other FCRA requirements and not discriminate against the person providing the information.
Where’s the Confusion in the FCRA?
Complying with the FCRA is a little confusing because of how it’s written. The FCRA is written to include the evaluation of employees and potential employees, but this may or may not include independent contractors. The FTC, or the Federal Trade Commission, prefers a broad application of the act, treating independent contractors as employees who fall under the treatment described in the FCRA.
However, according to the Florida Bar, the FCRA may not necessarily inherently include independent contractors. This is because employees are generally entitled to more regulations and rights than independent contractors, and the specific definitions do not overlap with each other.
What Is the Hybrid Compliance Model?
If you’re in human resources and concerned about applying the FCRA correctly to your company’s independent contractors, there may be a way to cover all of your bases without misclassifying any of your workers. How does this look?
You may be able to modify the forms associated with the FCRA to refer to the worker as an “independent contractor” rather than an “employee.” This offers clarifying language, follows a broad application of the act, and avoids misclassification for your business. Following this process may also allow you to add transparency to your hiring process.
Fight Bad Corporate Behavior With The Law Offices of Jibrael S. Hindi in Florida
We at The Law Offices of Jibrael S. Hindi are dedicated to fighting bad corporate behavior and aiding the victims of those sorts of harmful practices. Jibrael S. Hindi is dedicated to protecting consumer rights and giving our clients the help they need and deserve. Our firm takes cases on a contingency basis whereby the firm does not get paid unless a recovery is obtained on your behalf.
If you’re worried about the state of your consumer rights, we may be able to help. We’re adept in consumer protection law and believe everyone deserves to be treated fairly. If you’re interested in our legal representation, please fill out our contact form or call us at (954) 907-1136.