Florida Labor Law Guide
Florida has a dynamic and diverse business environment that attracts companies from various industries. Florida is famous for theme parks like Disney World and Universal Studios in Orlando that drive the tourism industry. Other industries include aerospace and aviation, technology, agriculture, and media/entertainment. Florida’s geographic location makes it ideal for international trade, especially with Latin America. Florida does not have state income tax, which is a big attraction for both businesses and individuals.
Minimum Wage
$12
Overtime Wage
$1.5x Regular Wages
Meal Breaks
Not mandated
Rest Breaks
Paid if 20 minutes or less
As of September 30, 2023, Florida’s minimum wage is $12 per hour. It’s expected to rise to $15 per hour by 2026.
Florida does not have an overtime rule of its own. Overtime in Florida is primarily governed by the federal laws, specifically the Fair Labor Standards Act (FLSA).
Employees in Florida are entitled to overtime pay for the hours worked in excess of 40 hours in a workweek. Overtime pay is payable at 1.5 times the employee’s regular pay.
Florida does not have a state laws governing meal or rest breaks for employees. It’s governed by the applicable federal labor laws. The Fair Labor Standards Act (FLSA) does not mandate that employers provide meal or rest breaks. However, if the employers choose to offer breaks, they must follow applicable guidelines.
Meal breaks can be unpaid if the employee is completely relieved of duties during the break. Otherwise, employer may have to compensate for the meal break.
The FLSA does not force employers to provide rest breaks for adult employees. If employers choose to give short breaks, they must pay the employees for the break time.
It’s important for employers in Florida to understand that while federal law does not mandate breaks, employers must comply with any collective bargaining agreements, employment contracts, or industry-specific regulations that may require breaks.
Additionally, employers need to follow federal child labor laws, which include provisions for breaks for young workers.
Florida does not have a state law mandating paid leave for employees. Employers are free to decide paid leave based on their internal policies and collective bargaining agreements. However, there are federal laws and certain local ordinances that might impact paid leave policies.
- Federal Family and Medical Leave Act (FMLA) mandates employers to give eligible employees up to 12 weeks of unpaid leave per year for family or medical reasons, such as the birth or adoption of a child, a serious health condition, or caring for a covered service member.
- Paid Sick Leave (Local Ordinances): Some local governments in Florida, such as Miami-Dade County and the City of Orlando, have local ordinances requiring employers to provide paid sick leave to employees. These ordinances may have specific requirements, and employers should be aware of any applicable local regulations.
- Employer Policies: While not mandated by law, most employers in Florida provide paid time off or vacation days to their employees. The number of leaves and their accrual depends on the employer’s policies, employment contracts, or collective bargaining agreements.
- Collective Bargaining Agreements: For employees covered by collective bargaining agreements, the terms related to paid leave and time off may be outlined in the agreement.
The classification of employees as exempt or non-exempt in Florida is primarily governed by the Fair Labor Standards Act (FLSA).
Exempt Employees:
- Salary Basis Test: Exempt employees are typically paid on a salary basis, meaning they receive a predetermined salary that is not subject to reduction based on the quality or quantity of work performed.
- Salary Level Test: Exempt employees must meet a minimum salary threshold to qualify for exemption. The minimum salary for exemption is $684 per week.
- Duties Test: Exempt employees must perform specific job duties that fall into one of the FLSA’s exempt categories, such as executive, administrative, professional, or certain computer-related duties.
Non-Exempt Employees:
- Hourly Pay: Non-exempt employees are typically paid on an hourly basis and are entitled to overtime pay for hours worked in excess of 40 hours in a workweek.
- Overtime Pay: Overtime pay for non-exempt employees is generally calculated at 1.5 times their regular rate of pay for each hour worked beyond 40 hours in a workweek.
Forida does not have a state-specific Equal Pay Act. Employers must follow the federal legislation federal Equal Pay Act of 1963 under the Fair Labor Standards Act (FLSA).
Equitable Work:
According to this law, employers must pay employees equally irrespective of their gender when they perform jobs necessitating substantially similar skill, effort, and responsibility, and executed under comparable working conditions.
Disparities in pay are permissible if they arise from seniority systems, merit systems, systems that assess earnings based on quantity or quality of production, or any other factor unrelated to an individual’s sex.
Protection against Retaliation:
The Equal Pay Act explicitly prohibits employers from retaliating against employees who assert their rights under the Act.
While the EPA bars pay discrimination based on sex, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, and national origin.
In Florida, employment relationships are governed by the principle of employment-at-will, which means that either the employer or the employee can terminate the employment relationship at any time and for any lawful reason, or for no reason at all, with some exceptions. Here are key considerations regarding rules for hiring and firing employees in Florida:
Employment-At-Will: Florida follows the employment-at-will doctrine, allowing employers to terminate employees with or without cause, and employees can resign from their positions at any time.
Anti-Discrimination Laws: Employers in Florida must comply with federal anti-discrimination laws, including Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, or national origin. Other federal laws, such as the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), also apply.
Background Checks: Employers conducting background checks in Florida must comply with federal laws, such as the Fair Credit Reporting Act (FCRA), which governs the use of consumer reports for employment purposes.
Work Eligibility Verification: Employers must comply with federal immigration laws, including completing Form I-9 to verify the work eligibility of employees.
Final Paychecks: Florida law requires employers to provide employees with their final paychecks in a timely manner upon termination.
WARN Act: The federal Worker Adjustment and Retraining Notification (WARN) Act may apply to employers with 100 or more employees, requiring them to provide advance notice of plant closings or mass layoffs.
Retaliation Protections: Employees in Florida are protected from retaliation for engaging in certain protected activities, such as reporting workplace violations or filing discrimination complaints.
It is important for employers to remain well-informed about changes in employment laws and to seek guidance from legal professionals to ensure compliance with the latest regulations. Additionally, establishing clear and meticulously documented employment policies and procedures can aid employers in navigating the intricacies of hiring and firing while adhering to the law.
