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Barrister, Attorney
Category: Legal
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Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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State of Florida - 1099 Employees. What is the rule with

Resolved Question:

State of Florida - 1099 Employees. What is the rule with having 1099 employees who work in the office?
Submitted: 7 years ago.
Category: Legal
Expert:  Barrister replied 7 years ago.



1099 employees are considered "contract labor" and as such are responsible for withholding their own taxes and social security and remitting those to the state and federal government. They are considered "at will" employees who can quit or be fired by the employer without providing a reason. The employer is responsible for maintaining records of payments to each contractor and submitting a 1099 Misc Income statement to both the state and federal government as well as the independent contractor.

You must be careful to make sure that the worker meets the criteria set forth by the IRS in determining a contract worker to make sure that you don't accidentally have employees that you would be responsible for. You can see their criteria here:,,id=99921,00.html


I hope this helps.





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Customer: replied 7 years ago.
Basically need to know specifically if I can hire someone as a 1099 employee that works within the office for 35 hrs a week with the potential to earn uncapped earnings and is free to come and go as they please.
Expert:  Barrister replied 7 years ago.

Yes, you can. If the worker is free to come and go as they please and not under a set schedule, that is one of the indicators of an independent contractor that the IRS looks for.