Employment Law
How to Get Released from a Stop-Work Order
When your job site receives a stop-work order, you will need to get this legal notice lifted before you can resume work. A stop-work order can be issued for a variety of reasons including if the workforce lacks workers’ compensation coverage or if the employer falsified payroll that impacted the total premium for workers’ compensation. When you are issued a stop-work order, you may have many questions regarding the process of having it released so you can resume working. As dealing with a stop-work order can be complicated, you may require the services of a stop-work order attorney in Florida.
In this brief article, we will answer a few questions related to stop-work orders. For more information on stop-work orders, review the Florida Department of Finance’s website.
How Can I Have the Stop-Work Order Lifted?
If your workplace receives a stop-work order in Florida, the first step is to comply with the law and correct the issue. In order to accomplish this, your workforce needs to be covered through an insurance carrier or staffing agency. You also need to pay your minimum fine towards the penalty of your stop-work order. In other words, you must pay $1,000 to the Florida Department of Financial Services Workers’ Compensation Administration Trust Fund (“the Department”). After you receive an Agreed Order of Conditional Release, you will be notified of your release from the stop-work order.
What Happens After I Receive the Release Notification?
It’s important to note that after an employer receives a release, this doesn’t mean that the release could not be reinstated at a later date if the employer fails to comply with any remaining requirements. The employer needs to perform the following tasks: provide documented proof of compliance to the Department, pay at least $1,000 towards the final penalty amount, and pay the total penalty amount within 28 days.
Can I Perform Work After Receiving a Stop-Work Order?
Under no circumstances in the State of Florida should an employer continue to perform work when they receive a stop-work order. If you ignore receipt of this legal device, a penalty of $1,000 per day can be assessed. In addition, ignoring a stop-work order constitutes a third-degree felony. Contacting legal counsel immediately after receipt of a stop-work order has many benefits. Along with accurate legal advice, an attorney can ensure all necessary paperwork is submitted quickly and accurately. First-time offenders can enjoy a 25 percent reduction in their total penalty amount when they submit their business records to the Department within 10 days of receipt of this request.
If you would like to speak with a stop-work order attorney in Florida, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.