Biden Administration's Proposed New Independent-Contractor Test Can Impact Your Company's Bottom Line

A SPECIAL REPORT featuring analysis from Tripp Scott's Paul O. Lopez and Brittany Hynes

Companies routinely use independent contractors for special projects and isolated assignments as a way to cut down on the normal costs connected to hiring full time W-2 employees.  However, companies often misunderstand what a true independent contractor is versus a W-2 employee. 

This can place a bullseye squarely on a company’s back either through a Department of Labor (“DOL”) audit of its classification of laborers or through federal lawsuits filed under the Fair Labor Standards Act (“FLSA”) for alleged unpaid wages and overtime owed to misclassified independent contractors who are alleged to be employees.

The Biden administration’s Labor Department is looking to make it tougher to classify a worker as an independent contractor by modifying the current U.S. Department of Labor’s Wage and Hour Division (“WHD”) regulations “to be more consistent with judicial precedent and the act’s text and purpose.” Employers need to be aware of these changes and the potential impact it will have on their labor costs if fully implemented.

An Unsigned Text Message May Become a Personal Guarantee—Believe It or Not

As Published in the Daily Business Review

In an unpublished decision issued on Oct. 13, the 11th Circuit Court of Appeals in Atlanta held that an unsigned text message from an individual can constitute a personal guarantee of a debt of a corporation without violating Florida’s statute of frauds and in compliance with Florida’s Electronic Signature Act.

Polls show DeSantis’ style of leadership makes his re-election all but certain

An op-ed by Tripp Scott's Ed Pozzuoli

As Published in the Miami Herald

So long as voters go to the polls, Gov. DeSantis is primed to win reelection, and in a big way. This, according to the latest Rasmussen poll. On the topline number, the recent poll confirmed what other polls have also shown, that DeSantis is up by 10%. The Rasmussen poll has DeSantis with a double-digit lead over Charlie Crist with 54% support of likely voters.

Avoiding Disputes, Litigation and Alternate Dispute Resolution

By William C. Davell

This month’s legal opinion is provided by Tripp Scott's COO Paul Lopez.

How do Florida voters feel about DeSantis’ migrant flights? A new poll weighs in.

An article by David Smiley with contributing content from Tripp Scott's Ed Pozzuoli

As Published in the Miami Herald

About half of Floridians likely to vote in the midterm elections are on board with Ron DeSantis’ migrant flights, according to a new poll that suggests the governor is cruising to reelection.

Conducted Oct. 10 – 13, the online poll of 685 likely voters found that 52% are voting for DeSantis, who with mail-voting underway has a 10-point lead over Charlie Crist (42% support). With Election Day looming on Nov. 8, only 6% of likely voters have yet to firmly decide on Crist or DeSantis, according to the poll.

The poll was conducted by RMG Research, led by conservative-leaning pollster and pundit Scott Rasmussen. It was commissioned by Tripp Scott, a law firm whose CEO, Ed Pozzuoli, is the former chairman of the Republican Party of Broward County.

Its margin of error is 3.7 percentage points.