It’s important to stay up to date on all of the employment laws in your state so that you can maintain compliance in your business. We did some of the hard work for you and put some of the most important Florida statutes in one place so you can either learn them for the first time or give yourself a refresher. 

However, remember that our summary is not qualified legal advice, laws are always subject to change, and they can vary from municipality to municipality. 

It’s up to you to make sure you’re compliant with all laws and statutes in your area. Consult with a qualified lawyer and/or your local government agencies if you have questions or concerns. 

Here are a few employment laws every Florida small business owner should know.

Resources

First, here are a few helpful links and resources for you to bookmark and refer back to:

Leave 

  • Sick Days: No statute, but if an employer chooses to provide vacation time (either paid or unpaid), they must comply with the established terms. 
  • Medical Leave: No statute, but employers may be required to provide unpaid leave in accordance with the federal Family and Medical Leave Act.
  • Vacation Days: No statute, but if an employer chooses to provide vacation time (either paid or unpaid), they must comply with the established terms. 
  • Jury Duty: An employee may not be discharged or penalized for responding to a jury summons or serving as a juror. An employer does not have to pay an employee for time spent responding to a jury summons. 
  • Holiday Leave: Private employers are not required to provide paid or unpaid holiday leave, but if an employer chooses to do so, they must comply with the established terms. 
  • Voting Leave: Employers are not required to provide paid or unpaid time off to vote.
  • Bereavement Leave: Employers are not required to provide bereavement leave. 

Final Paycheck 

  • Florida does not have any laws regarding when an employer must pay wages to employees who are no longer working for the employer for any reason. 

Minimum Wage

Florida’s current minimum wage is $8.46.

Tipped Wages 

  • The current minimum wage for tipped employees is $5.23. 
  • If employers choose to pay the tipped minimum wage, they must ensure the tipped employees make $8.46 when the rate is combined with tips received. 
  • Florida law does not prohibit mandatory or voluntary tip pooling. 

Child Labor 

  • Minors who are 14 or 15 years old may not work before 7 a.m. and after 7 p.m. on days before a school day. 
    • They may not work more than 15 hours a week and no more than three hours on a school day unless they are enrolled in a career education program or if school is not scheduled the following day. 
    • On holidays and summer vacations, they may work between the hours or 7 a.m. and 9 p.m., and no more than 8 hours a day and 40 hours a week. 
  • Minors who are 16 and 17 years of age may not work before 6:30 and after 11 p.m. or for more than 8 hours a day before a school day. 
    • They may not work for more than 30 hours a week when school is in session, and they may not be employed during school hours unless they are enrolled in a career education program. 
  • Florida law prohibits minors from working in these occupations

Meal Breaks, Rest Periods, Overtime

  • Meal periods of at least 30 minutes must be provided to employees under the age of 18 who work more than 4 hours continuously. 
  • There are no statutes requiring employers to provide meal periods or breaks to employees 18 years of age or older, so the federal rules apply
  • There are no statutes regarding overtime, so federal rules apply

Employment Discrimination

  • Employers may not discriminate against employees or job candidates due to race, color, national origin, religion, gender, disability, age, marital status, AIDS/HIV or sickle cell trait. 
  • Click here to read our blog on what is acceptable and unacceptable to ask during an interview. 

Termination

Florida is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory. 

Shift Scheduling

There are no statutes in Florida regarding shift scheduling.

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