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Independent Contractor Test in Florida

Florida uses the common law test for reemployment assistance (unemployment), and its minimum wage law follows who is covered under the federal Fair Labor Standards Act.

Last checked . General information, not legal advice.

Florida at a glance

Test for wage and hour law
Follows federal FLSA coverage
Only individuals entitled to the federal minimum wage under the FLSA are eligible for the state minimum wage.
ABC test for wage law
No
Test for unemployment insurance
Common law (right to control) test
ABC test for unemployment
No

Sources

Last checked

The rules in Florida

Which test does Florida use to classify independent contractors under its wage and hour laws?

Test for wage and hour law in Florida: Follows federal FLSA coverage. Only individuals entitled to the federal minimum wage under the FLSA are eligible for the state minimum wage.

Does Florida apply the ABC test under its wage and hour laws?

No. ABC test for wage law in Florida: no.

Which test does Florida use to classify independent contractors for unemployment insurance?

Test for unemployment insurance in Florida: Common law (right to control) test.

Does Florida apply the ABC test for unemployment insurance?

No. ABC test for unemployment in Florida: no.

Where do the Florida independent contractor tests come from?

The rules above come from Fla. Stat. 443.1216(1)(a)2 and Fla. Stat. 448.110(3). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Write down how the working relationship actually operates: who sets the hours, who supplies tools, whether the worker serves other clients and whether the work is part of the business's usual line of work. These facts drive every classification test, and a written independent contractor agreement helps only if it matches them.

Check each law separately. A worker can be a contractor under one statute and an employee under another, because wage laws, unemployment insurance, workers' compensation and tax rules may each use their own test. Federal law also applies its own tests alongside the state rules.

Misclassification can lead to back wages, unpaid unemployment contributions, interest and penalties. If a role is close to the line, read the statute and agency guidance for the state where the work is performed, or ask the state labor or unemployment agency how it applies its test.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.