Listen & Learn - Independent Contractors with specific rulings and updates in 2016. - Florida Messenger Association

Listen & Learn – Independent Contractors with specific rulings and updates in 2016.

Speaker Overview

  • Attorney Scott Callen ( or connect on LinkedIn.
  • Numerous representation matters for FMA members
  • Scope of Courier Company Clients:  Florida (south, central, north Florida) & Regional/National clients
  • Law firm has Tallahassee office to interface with state agencies and lawmakers.
  • Legal practice emphasis:  IC model creation and defense of claims, employment law, wage/hour, business/business owner legal protection, GIG economy, contractor and customer matters, general legal counsel services.

Presentation Overview:  

  • 2016 Legal Update & Preparing For 2017
  • Independent Contractor/Employment/Business/Personal – Legal Protections

Presentation Topics:

Wage/Hour Requirements:  New Overtime Regulations

  • What’s Required?
  • How to Handle?

Federal/State Unemployment Tax Audits Targeting Courier Industry

  • Industry Codes
  • How to Handle?

Preparing for “Cat 5” legal exposure hurricanes….

  • Individual Legal exposure?
  • Bankruptcy?
  • Business Planning & Legal Asset Protection

Florida Litigation Against Courier Companies – Learning Experiences!

  • Arbitration
  • Doing Business with Businesses
  • Record of declining work
  • Waiting for work
  • Company vehicles
  • Controlling routes
  • Controls about how to do job
  • Customer complaints   

Pitfalls/Strategies for Independent Contractor Models

  Business to Business
  • Federal Employer Identification Number (FEIN)
  • Occupational License
  • Entity Formation (LLC, etc)
  • Paying the Contractor’s Business
  Arbitration Agreements
  • Venue
  • Arbitration cost sharing
  • Attorney Fees
  • No Collective or Class Action
  Waiver of Jury Trial  
  Waiting Time
  Restrictions for working with other companies
  Contractor Paying the Courier Company
  • Expenses
  • Opportunities/mini-Franchise?
  Applicable to Contractor Workers
  Indemnification for erroneous misclassification claims
  Contract terminates after 6 months
  Early Termination Fees
  Too many details controlling IC vs. using details for company protections and showing contractor’s “agreement” to the control terms.

Words and Things to Avoid For IC Misclassification

  • You “must” instructions and control for details
  • Scheduling Requirements vs. Terminate/Assess Fees
  • Performance reviews
  • Overtime & raises
  • Time sheets

What’s on the horizon for 2017?  New President, Rise of Gig Economy vs. More Federal/State Regulations