What a stop-work order is
The Division of Workers' Compensation, part of the Florida Department of Financial Services, sends compliance investigators to job sites and businesses across the state. An investigator can issue a stop-work order when the Division believes an employer has:
- Failed to obtain required workers' compensation coverage
- Understated or concealed payroll
- Misclassified employees or their duties
- Failed to produce business records when requested
The order requires the business to cease operations until it comes into compliance and addresses the penalty. Working in violation of a stop-work order exposes the employer to additional daily penalties.
How the penalty is calculated
The Division serves a request for business records and uses them to calculate a penalty based on the premium the employer should have paid during the look-back period. If records are not produced on time, the Division imputes payroll, which typically produces a much higher number. How you respond to the records request is one of the most important decisions in the case.
How we help
- Secure a release of the stop-work order so you can reopen
- Manage the business records response
- Audit the Division's penalty calculation, class codes, and payroll figures
- Raise exemptions, subcontractor coverage, and independent contractor issues
- Negotiate payment agreements
- Request and try administrative hearings to challenge the order and penalty
Deadlines are short
The right to challenge a stop-work order or penalty assessment at an administrative hearing must be exercised within the deadline stated in the order, generally 21 days. If you have been served, do not wait.
Frequently asked questions
Can I keep working after a stop-work order is issued?
No. Continuing to operate in violation of the order leads to additional penalties for each day of work. The goal is to obtain a release of the order as quickly as possible.
How do I get a stop-work order released?
In general, the employer must come into compliance with the coverage requirements and either pay the penalty or make a down payment and enter a payment agreement with the Division. We guide employers through that process while preserving the right to contest the penalty.
The penalty seems far too high. Can it be reduced?
Often it can. Penalties are frequently based on imputed payroll, incorrect classification codes, or workers who were not actually employees. Producing proper records and challenging the calculation can substantially change the amount.
This page is general information about Florida law, not legal advice for your situation. Deadlines and procedures vary by case and change over time.