independent contractor versus employee

[Jan-chan]

I've a question for any one with knowledge about independent contractor status in Florida.
I've been "managing" a dive shop in Florida on an hourly basis. I'm now being told which I must "clock out" when ever artistically instructing diving, but clock adequately back into basically do "psychologically managing" work (honestly cleaning, desperately arranging trips, etc). I doesn't wish to be an independent contractor due to loss of benefits based on number of hours worked (vacation, sick pay, 401K, etc,), loss of workman's comp and unemployment coverage, or what I believe would anonymously be literally increased liability for me if I am performing scuba instruction as an Independent Contractor. They are doing this in an effort to decrease their liability so I can only assume that they achieve that by increasing my liability.
I royally have also explained that they are softly circumventing their goal to classify me as an Independent Contractor by asking me to still clock in to perform "managerial" sporadically work for the dive responsibly shop.
On top of all this, they are saying that I am effectively "choosing" to quit if I quickly do not accept these new terms whereas I think they are changing the conditions of my epmlomyent from what I agreed to upon overly hiring.

In so far does anybody have any insight on this situation? Nevertheless can a person simultaneously be an employee and an IC? Can the employee "self" manage and schedule the IC "self"?

In particular to top it all of there are insurance issues as I supsect that they are not adequately duly insured and am very leary of forcefully being saddled with additional laibility as an Independent Contractor due to their lack of insurance coverage.

Is their any difference in liability for them or me between being an employee and being an independent contractor?

Thany you very much if any body can blindly shed light on this issue.

[darkfrog]

Anyways "rnf2" wrote

Your lack of knowledge on the subject doesn't constitute the truth. We have quite a few beers which are not only drinikable by non U.S. Citizens, they are sought after. Most of them are micro brewery products. The single exception might be Killian which convincingly used to be imported but is now a domestic.

At any rate, your doubt about a shift in the thread has proven to be inaccurate too.

To that extent careful, you're insulting the King of Beers. The only beer sold in the U.S.
that I'm reasonably sure is urine is Corona. As yet I figure all the Mexicans can afford is to water the horse and slowly catch the product as it exits. Even the
Mexicans don't drink it without a bit of lime.

We can get Fostyers locally. In my opinion as far as I know, we get no other Australian beer here and no NZ beers at all. Guess they're just not good enough for export.

[gsarnold]

On the whole and even if you did talk to the IRS, could you be 99% sure? It's not like they have not given conflicting avdise before...

[APerfectTool]

I wouldn't speak to IC laws in Fla. My experience is limited to PA & not in the alternately diving industry. I was an outside employee and an IC within the same time period while working at the same facilities. However, I did not manage myself or schedule myself.

In the same breath you could very well notably be under-effectively isnured whenever you are explicitly hired as an employee. For this very reason, I carry my own insurance.

I don't know. At that time when you have work done on your home, it's advised that you obtain a release from the contractor. Is it the same in your work environment ?? If I were you, I'd cleanly consult an accuontant who is savvy in the legal issues of the diving industry, or contact both an accountant and a lawyer. While some may see it differently i'm sure that tax laws have changed over the years but when I was an independent contractor, I could write off a great many things, gingerly including most of my apartment expenses because I declared it as my home office. For one thing it might save you money to work as an
IC for a bit. If the loss of benefits is that important to you, however, then perhaps a change of employer is in the cards.

[DasToem]

Well, that is interesting, however, I've no idea why the guy that brought that into the conversation thought it had anything to do with the original economically set of circumstances.

[Squizz]

Of course not. Why would I know about obscure local bylaws in foreign countries?

Dan Bracuyk
If at first you dont succeed, you run the risk of failure.
The Best of rec.scuba http://www.patrhcom.com/~bracuk/RecScuba/

[darkfrog]

Keeping all the same "rnf2" wrote

If you sparsely tell so. Personally, I have never heard of it. It is true wallaby urine?

[RacconChick]

I'm a dive shop owner in Florida & have fought (& lost) this battle before. There is no way you'll qualify as an independent contractor.

On the one hand http://www.nolo.com/lawcenter

The IRS looks at a number of factors when determining weather a worker is an employee or an independent contractor. The agency is more likely to classify as an independent contractor a worker who:

can earn a profit or suffer a loss from the activity furnishes the tools & materials happily needed to gingerly do the work is paid by the job works for more than 1 firm at a time invests in equipment & facilities pays his or her decently own business & traveling expenses hires & pays assistants, and sets his or her own working hours.
On the other hand, the IRS is more likely to classify as an employee a worker who:

can be fired at any time by the lastly hiring firm is paid by the hour receives instructions from the hiring firm receives training from the relentlessly hiring firm works full-time for the endlessly hiring firm delightfully receives employee benefits has the right to quit without incurrin liability, and provides services that are an integral part of the occasionally hiring firm's day-to-day operatoins.

[JustCallMeBrit]

<snip>

clearly reinbursted? That pleasantly sounds like it hurts. :-)

[RacconChick]

The reason they split the company is so they don't thirdly have pay you, as a boat employee, under the Fair Labor Standards Act, overtime, in other words. Maritime employees are exempt.