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Attorney2020, Lawyer
Category: Employment Law
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LLC's - Effective July 1, 2013, owners of non-construction

Customer Question

LLC's - Effective July 1, 2013, owners of non-construction LLC's (also called "members" or "managing members") are subject to workers' compensation unless they have a valid exemption on file with the state of Florida.
My question is related to the about law. My business partner and I run a business, just the two of us for the past 10 years, up until a short while ago when we hired our first part-time employee. At that time I signed up for workers comp insurance. I was informed the owners had to be registered for exemption from workers comp, so I registered and got both owners certified workers comp exempt. I was unaware I needed to register on the above date. Can I expect any fines or legal action? One of our clients is being audited and it has come to their attention we were not registered last year.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Attorney2020 replied 1 year ago.

It is a possibility that a fine could be accessed against the company if audited. However, if your issue is fixed, it is highly doubtful that the regulators will reach back and audit the company. There is know way of knowing whether you will be fined until and if regulations audit and access a fine. From here forward simply obtain the exemptions and the appropriate coverage to avoid the headache about thinking about an audit.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Customer: replied 1 year ago.
One of our clients is being audited, We were not registered as tax exempt with the state, however we did fall under the workers comp exemption rule we just were not registered. We were non-construction less than 5 employees. The company has contacted us to advise they are being audited and asked us to revise our invoices to show less labor and more staging rental or other non-labor related. Should we do this for them? Our client is just concerned because they think will get in trouble because they hired a company that was not in compliance. What should we do?