Florida Administrative Code › 2 - DEPARTMENT OF LEGAL AFFAIRS › 2 - Departmental › Chapter 2-42 - PRIVATE EMPLOYER VACCINATION MANDATE COMPLAINTS › Section 2-42.001 - Private Employer Vaccination Mandate Complaints

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions - As used in this rule and
				Section 381.00317, F.S.:
(a) The "department" means the Department of
				Legal Affairs.
(b) "Employee" means
				any person who receives remuneration from a private employer for the
				performance of any work or service occurring within this state while engaged in
				any employment under any appointment or contract for hire or apprenticeship,
				express or implied, oral, or written, whether lawfully or unlawfully employed,
				and includes, but is not limited to, aliens and minors. The definition of
				"employee" does not include someone who is an independent contractor, a
				volunteer, or someone who serves in a private nonprofit agency without
				compensation other than expenses.
(c) The term "independent contractor" as used
				in paragraph (1)(b) of this rule means any person within this state who either:
1. Meets four or more of the following:
a. Maintains a separate business with his or
				her own work facility, truck, equipment, materials, or similar accommodations
				apart from the private employer;
b.
				Holds or has applied for a federal employer identification number;
c. Receives compensation for services
				rendered or work performed and such compensation is paid to a business, other
				than the private employer, rather than to an individual;
d. Holds one or more bank accounts in the
				name of a business entity, other than the private employer for purposes of
				paying business expenses or other expenses related to services rendered or work
				performed for compensation;
e.
				Performs work or is able to perform work for any entity in addition to or
				besides the private employer at his or her own election without the necessity
				of completing an employment application or process; or
f. Receives compensation for work or services
				rendered on a competitive-bid basis or completion of a task or a set of tasks
				as defined by a contractual agreement, unless such contractual agreement
				expressly states that an employment relationship exists; or
2. Based on the nature of the situation
				satisfies any of the following conditions:
a.
				The person performs or agrees to perform specific services or work for a
				specific amount of money and controls the means of performing the services or
				work;
b. The person incurs the
				principal expenses related to the service or work that he or she performs or
				agrees to perform;
c. The person is
				responsible for the satisfactory completion of the work or services that he or
				she performs or agrees to perform;
d. The person receives compensation for work
				or services performed for a commission or on a per-job basis and not on any
				other basis;
e. The person may
				realize a profit or suffer a loss in connection with performing work or
				services;
f. The person has
				continuing or recurring business liabilities or obligations;
g. The success or failure of the person's
				business depends on the relationship of business receipts to
				expenditures.
(d) "Private employer" means any person, sole
				proprietorship, partnership, limited partnership, limited liability
				partnership, limited liability company, corporation, or any similar legal
				entity who employs employees within this state. The definition of "private
				employer" includes the legal representative of a deceased person, the receiver
				or trustees of any person or business entity, employment agencies, employee
				leasing companies, and similar agents who provide employees to other persons.
				The definition of "private employer" does not include the United States, its
				agencies, the state or any political subdivision thereof, including the
				executive, legislative, and judicial branches of government, the independent
				establishments of the state, counties, municipalities, districts, authorities,
				boards, or commissions, any agencies that are subject to Chapter 286 of the
				Florida Statutes, educational institution as defined in Florida Statutes §
										112.0441, or a corporation or
				legal entity created by act of the legislature or ordinance by a governmental
				entity.
(e) "Functional equivalent
				of termination" as used in Section
				381.00317(4),
				F.S., shall be found when it is determined that (i) the employee resigned under
				duress; or (ii) the employer, through its actions, made working conditions so
				difficult or intolerable that a reasonable person in the employee's position
				would feel compelled to resign.