FLORIDA LABOR LAWS

Florida labor laws cover a wide variety of employment issues, from banning discrimination in the workplace to outlawing several wage theft practices. Residents of the state should note that Florida labor laws sometimes overlap with the statutes enacted at the federal and municipal levels.

A Florida licensed employment attorney can help you make sense of Florida labor laws, as the statutes can change from one year to the next year. In addition to employment law changes, some Florida labor laws provide more protections than the protections granted under federal statutes. Conversely, some federal employment laws provide workers with more protections than the protections granted by Florida employment laws

Understanding the most influential employment laws in Florida can protect you against employer overreach. Many employers bank on their workers not understanding the employment rights granted to them under state law.

Discrimination in the Workplace

The Florida Civil Rights Act covers employers that have at least 15 employees. State law not only bans discrimination in the workplace but also during the job candidate application process.
Florida labor laws prohibit discrimination in the workplace based on the following factors:

•        Age
•        Race
•        Sex
•        Religion
•        Color
•        National origin
•        Disability
•        Pregnancy
•        Marital status

Florida employment law also prohibits employers from discriminating against workers that possess the sickle-cell trait or have acquired immune deficiency syndrome (AIDS).

Equal Pay

Florida employment statutes forbid employers from discriminating in the workplace based on gender. This applies to compensation, as employers must pay all genders the same wage for jobs that require equal skill, effort, and responsibilities.

Different pay scales for the same job are allowed under the following four circumstances:

•        Seniority system
•        Merit system
•        Any legally reasonable factor besides gender
•        A system that rewards the quality and/or quantity of production

Wage Theft

The United States Department of Labor (DOL) encourages workers that have not received compensation for the last pay period to contact the agency for the resolution of the wage theft issues.

In Florida, workers have four options for resolving a wage theft dispute with their employers.

•        File a civil lawsuit to recover stolen wages
•        File a civil lawsuit for an overtime or a minimum wage violation
•        File a civil lawsuit to receive unpaid wages
•        File a complaint in a county that has passed a wage theft law

As of 2021, the Florida minimum wage stood at $8.65 an hour. The Florida minimum wage act requires the state to adjust the minimum wage annually based on the rate of inflation. Tipped employees follow a different minimum wage rate of $5.63 per hour. Please note that the minimum wage rate for tipped employees climbs to $6.98 an hour starting on September 30, 2021.

Overtime

Florida labor laws do not cover overtime, which means employers must follow the overtime laws passed by the United States Congress. Federal labor laws require employers to pay workers time and a half for every hour worked over 40 hours per workweek. A workweek is defined as a regular cycle of seven straight 24-hour days. Employers have the right to establish different workweeks for different categories of employees.

Whistleblower Protections

Florida prohibits employers from retaliating against workers for the following reasons:

•        Revealed or threatened to reveal illegal practices conducted by an employer
•        Testified and/or provided law enforcement with information pertaining to a criminal investigation against an employer
•        Refused to participate in an employer-sanctioned illegal activity

Compensation

Florida employers can compensate employers in one or more of the following ways:

•        Cash
•        Check
•        Direct Deposit
•        Payroll debit card

An employer operating in Florida can deduct expenses from a worker’s wages if the employer received a writ of garnishment from the state or received a notice of an income withholding order.

Drug Testing

Florida labor laws allow employers to conduct drug and alcohol tests as a condition of employment. Before conducting a drug test, an employer must provide every job candidate with a written notice that describes the employer’s drug testing policy that includes the procedure for testing. Employers must explain to job candidates how long before a drug test they will be notified of the time and date of the drug test.

Leaves of Absence

Florida has enacted several laws that grant workers for certain reasons.

•        Jury duty
•        Witness
•        Military
•        Domestic violent
•        Civil Air Patrol

Smoking in the Workplace

The state’s Clean Indoor Air Act prohibits smoking in nearly every indoor workplace. State law bans smoking in workspaces that are occupied by one or more employees.

Weapons at Work

According to Florida statutes, employers can not limit or prevent workers from legally storing a privately owned firearm in a motor vehicle. Employers cannot ask employees whether they are storing a firearm inside of a motor vehicle while the vehicle sits in the employer’s parking lot. Florida labor laws forbid employers from searching a motor vehicle for firearms, as well as preventing an employee from entering an employer’s parking lot because the worker is carrying a visible firearm in the vehicle.