Fort Lauderdale Symphony Orchestra Ass'n v. State Department of Labor & Employment Security, Division of Employment Security

405 So. 2d 1365, 1981 Fla. App. LEXIS 21686
CourtDistrict Court of Appeal of Florida
DecidedNovember 18, 1981
DocketNo. 79-1694
StatusPublished
Cited by2 cases

This text of 405 So. 2d 1365 (Fort Lauderdale Symphony Orchestra Ass'n v. State Department of Labor & Employment Security, Division of Employment Security) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fort Lauderdale Symphony Orchestra Ass'n v. State Department of Labor & Employment Security, Division of Employment Security, 405 So. 2d 1365, 1981 Fla. App. LEXIS 21686 (Fla. Ct. App. 1981).

Opinion

PER CURIAM.

The Fort Lauderdale Symphony Orchestra Association seeks review of a final agency order rendered by the Department of Labor and Employment Security finding the Association liable for unemployment compensation taxes on the ground that its musicians and conductor are “employees” pursuant to Section 443.03(5), Florida Statutes (1977). Applying the criteria set out in Florida Gulf Coast Symphony, Inc. v. Department of Labor and Employment Security, 386 So.2d 259 (Fla.2d DCA), review denied, 389 So.2d 1108 (Fla.1980), we conclude that while the conductor is an employee, the musicians performing for the Association are independent contractors. Accordingly, the order is affirmed as it pertains to the conductor and reversed as to the musicians.

AFFIRMED IN PART; REVERSED IN PART.

ANSTEAD, BERANEK and HERSEY, JJ., concur.

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405 So. 2d 1365, 1981 Fla. App. LEXIS 21686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fort-lauderdale-symphony-orchestra-assn-v-state-department-of-labor-fladistctapp-1981.