Fort Lauderdale Symphony Orchestra Ass'n v. State Department of Labor & Employment Security, Division of Employment Security
Cases that cite this one
2 later published cases cite this decision.
- Hilldrup Transfer & Storage v. STATE, DEPT. OF LABOR AND EMPLOYMENT SEC. (Fla. Dist. Ct. App. 1984)
- Beck v. State (Fla. Dist. Ct. App. 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.