Florida employers that utilize independent contractors now can assist them during declared emergencies without fear of employee misclassification claims. Florida Governor Ron DeSantis recently signed Senate Bill 542 into law, which offers legal protection for businesses in this situation. The law prevents employers’ actions concerning their independent contractors from being used as evidence to establish an employee-employer relationship in specific civil causes of action. Senate Bill 542 went into effect on July 1, 2022.
The new Florida state law addresses employer actions toward “engaged individuals,” or 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.” The law allows employers to take the following actions concerning their engaged individuals during declared emergencies:
- Provide financial assistance to their engaged individuals who are unable to work due to health and safety concerns;
- Directly provide health and safety benefits to their engaged individuals, such as medical or cleaning supplies, personal protective equipment, health checks, or medical testing;
- Provide health or safety training to their engaged individuals or the public; and
- Take any action intended to protect the health and safety of engaged individuals, including any action required or suggested by any federal, state, or local law, ordinance, order, or directive.
