Employee Misclassification Review for Florida Employers

An employee misclassification review checks two things. It asks whether each worker is correctly labeled an employee or an independent contractor. It also asks whether each employee labeled exempt or non-exempt is paid as the law requires. KEW Legal offers this review as outside general counsel for businesses in Miami-Dade and South Florida, before a complaint, audit, or sale raises the question.

What an Employee Misclassification and Pay Practices Review Is

A review is a legal look at how your business labels and pays its workers. It is a lawyer-led assessment, not a software scan or a sales tool. It tests your paperwork against the work people actually do.

It suits owners and operators who use contractors, classify salaried staff as exempt, or want to check pay before a dispute or sale. Kristina E. Wilson is the responsible lawyer for this page. Our lawyers work from the firm’s offices in Coral Gables and Sunny Isles Beach. The review can stand alone or sit inside broader outside general counsel support.

What Worker Misclassification Means

Worker misclassification happens when a business labels a worker as a contractor, or as exempt, to avoid wage and overtime duties. The label on the paperwork does not decide the question. The actual work does.

Florida adds its own layer. The Florida Constitution sets the state minimum wage and says federal FLSA case law guides how it is read. The Florida Minimum Wage Act, Fla. Stat. § 448.110, adds enforcement rules.

Warning signs include set hours, company tools or branded clothing, work only for you, open-ended engagements, and contractors who do your core work. Any one of these raises a question. Several together call for a closer look.

Independent Contractor Status: What the Review Examines

A true independent contractor works in a way that matches the label. The review compares your signed agreement with daily practice. A contract that does not match the work creates risk.

We look at how much you direct the work, whether the worker can earn or lose money on the job, and whether they bring their own tools. We also check whether the role is ongoing, how the worker is invoiced and paid, whether 1099 reporting is in place, and whether the worker serves other clients.

Contractors on fixed schedules, wearing your branding, or doing your core operations need a closer look. The review explains why and what to change.

Florida adds a workers’ compensation penalty. If an employer fails to secure compensation as required, the state can assess a penalty of up to $5,000 for each worker labeled a contractor who does not meet the statutory criteria (Fla. Stat. § 440.10).

Exempt Classification and Pay Practices: What the Review Covers

The pay review covers salary deductions, bonuses, overtime, timekeeping, off-the-clock work, meal and rest practices, and tip or commission handling. For manual labor paid by the day, week, month or year, Florida treats ten hours as a legal day’s work. Extra pay is owed beyond ten hours a day, unless a signed written contract says otherwise (Fla. Stat. § 448.01).

Past pay carries exposure. Section 448.110(8) points to the filing period specified in s. 95.11, Florida Statutes.

Written policies matter too. Florida courts generally hold that handbook statements are not contracts unless they say the manual is a separate employment contract (Quaker Oats Co. v. Jewell). Inconsistent manager instructions are a common source of exposure, so the review compares them to written policy.

How the Review Works: Steps and Timeline

The review runs in five steps, from a first conversation to written findings and correction options. Timing depends on the facts, including how many workers and job categories you have and how complete your records are.

1. Free first consultation. The first consultation is free, confidential, and carries no obligation to continue. We learn how your workers are classified and what prompted the question.
2. Document request. You provide contracts, payroll registers, job descriptions, timesheets, pay policies, and manager instructions.
3. Classification analysis. Each worker group is tested against federal and Florida standards, based on how the work is actually done.
4. Written findings. Issues are ranked by risk, with the reasoning explained in plain language.
5. Correction options. These may include reclassification, pay adjustments, revised agreements, and updated policies. You choose the path.

What KEW Legal Brings to This Review

KEW Legal is a Florida business law firm that acts as outside general counsel for business owners and investors. The firm handles employment law for employers, business contract and vendor disputes, partnership disputes, business sales and succession, and commercial leases.

That range matters because classification problems often surface during a sale, a partner dispute, or succession planning. The firm works with business owners across Miami-Dade County and Broward County. Its offices are in Coral Gables and Sunny Isles Beach, and Kristina E. Wilson is the responsible lawyer for this page.

Frequently Asked Questions

Talk With Our Team About Your Workforce Structure

If you pay workers as contractors or salaried staff and aren’t sure the labels fit, start with the facts. You may rely on 1099 contractors, or have salaried staff who work long hours. You may want to know your exposure before a complaint or sale. Call 305-990-2300 or send us a message to schedule a consultation. Our team will go over the basic facts, explain which documents to gather, and outline the review steps.