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How a Criminal Past Can Implicate a Job Search in Tampa FL

Hunter Chamberlin as recently invited to be a guest speaker at the St. Pete College Titan Tuesdays to talk about how a criminal past can implicate a job search. If you know someone who is facing criminal charges, contact Hunter today for a free consultation at 813-444-4777 or via email at hunter@chamberlinlawfirm.com.

 


Understanding the Legal Benefits and Disadvantages to Working as an Employee or Independent Contractor.

The new economy has ushered in a variety of opportunities for talented freelancers who know how to market their skills to businesses.  It’s not a hard sell for many either as companies strive to remain competitive by cutting costs while still delivering on quality.  

Having the flexibility to bring on additional workers only during surge production periods helps companies save money and stay responsive to an ever-changing market.  While the benefits of outsourcing are abundant, many businesses will always prefer to hire conventional employees for certain positions.  Here is a brief synopsis of the benefits and disadvantages of both conventional employment and freelance work as they relate to employment law.  

Standard Employees

Advantages

The availability of corporate benefits is a key reason why you may choose conventional employment over freelancing.  You can expect companies to pay for all or part of your healthcare, workers’ compensation, social security and unemployment insurance.  Laws regulating these benefits offer some flexibility to small businesses that have less than 50 employees.

As an employee, you also have full rights under federal labor laws.  While companies can and do fire employees, they cannot legally terminate employment for a reason that is protected under the nation’s labor laws. If you believe that you’re facing a wrongful termination situation, give us a call, and we will review your case.  As a reminder, you cannot legally be fired for the following:

  • Race
  • Color
  • Age
  • National origin
  • Religion
  • Gender
  • Physical or mental disability
  • Veteran status
  • Citizenship
  • Genetic information

Disadvantages

Some disadvantages of being an employee rather than an independent contractor relate to company culture and management styles.  Employees are expected to be contributing members of teams that build brands through the development of distinct corporate cultures.  Depending on your manager’s leadership style, this often means following strict directions for how and where your work is accomplished.

 

Independent Contractors

Advantages

As a freelancer, you are almost expected to charge higher hourly rates than the ones that are used to calculate the salaries of conventional employees.  The extra money is to compensate you for using your own desk space, supplies and equipment to accomplish work.  You will also experience more autonomy when it comes to performing project tasks.  Working from satellite offices and other remote locations is common.

Disadvantages

Besides receiving no employment benefits, freelancers are not covered under labor laws. You won’t receive an employee handbook, but you’ll perform work according to an employment contract.  As an independent contractor, you’re usually accountable to clients for what you deliver per the contract and not necessarily how your work is accomplished.  This can be a source of contention for some company managers who want to direct your work or get you to do tasks that are not in your contract.  If you are accused of violating the terms of a freelance employment contract, contact us.  We can review your contract and advise you about the steps that you need to take to resolve the issue.

Final Thoughts

Choosing to work as an employee or a freelancer is a personal decision that takes into consideration your unique professional aspirations and work style.  Let us be your go-to resource for employment law questions about conventional employment and independent contracting gigs.  Contact Chamberlin Law Firm today.


Employment Law: Labor Regulations in the U.S. and Florida

Employment law and labor regulations mainly cover the rights and the obligations between an employer and an employee. Employment relationships can be complicated. That’s why employment laws have been put in place to protect an employee against discrimination, workplace safety, and wrongful termination, just to mention a few. Whether you are a current employee, former employee, or in the process of job search, it’s important to know the employment laws in your state to protect your rights. In Florida, some of these laws include:

Wage & Hour Laws

This includes the minimum wage, overtime wage, and hour protections that an employer is required to give an employee. All employers must comply with the federal minimum wage pay which is currently at $7.25 an hour, but in Florida, it’s currently at $8.25 an hour. Employers in Florida must also follow the overtime pay regulations as stipulated by the FLSA (Fair Labor Standards Act).

Workplace Safety Laws

Employers are expected to provide a safe and healthy workplace that is free from any dangers. They should also perform safety training that is necessary for the industry to the employees. Most of these safety and health standards are regulated by Occupational Safety and Health (OSH). To make sure all safety rules are followed, an OSH administrator can make inspectional visits to workplaces at any time. If an employee notices any safety issues that have not been addressed by the employer, he/she should contact an OSH administrator. Such an employee is protected by law against employer’s retaliatory actions. Employers must also have insurance for their employees to provide protection in case of workplace injuries.

Discrimination Laws

Discrimination at the workplace occurs when one receives unfair treatment due to their race, age, religion, sex, nationality, and disabilities. Discrimination is illegal, whether it’s during job listing, interview, hiring, promotions or even termination. Harassment is also prohibited at the workplace. This includes any unwelcomed actions such as sexual harassments that can create a hostile working environment for an employee.

Leaving Your Job/Termination Laws

Employees have the right to work at will. This means you can quit anytime you feel like. Employers are also allowed to fire an employee at any time as long as it’s not illegal – not discriminatory or retaliatory. Should you be fired for reasons that don’t amount to serious misconduct, you are eligible for the unemployment benefits.

Time off Work Laws

Most of the employers offer paid leaves to their employees. This can be in the form of vacation time, sick days, holidays, and time off. The state also requires employers to offer medical leave, domestic violence leave, military leave, and jury duty.

Child Labor Laws

These laws regulate youth employment. They dictate minimum working age, the working time, and the type of job.

Other employment laws include compensation laws, hiring laws, work break laws, and many more. Should you feel that your employer is violating any of your workplace rights, get in touch with a local experienced attorney. Contact Chamberlin Law Firm in Tampa, Florida and get a free consultation on employment laws, civil laws, and criminal laws.