Employment law in Florida is based on a variety of federal, state, and local statutes, regulations, and court decisions. Florida laws provide a range of protections and obligations for both employers and employees. Understanding these laws is crucial for employees. In this overview, we will explain the key aspects of Florida employment law.
Key Aspects of Florida Employment Law
At-will Employment
Florida is an “at-will” employment state, which means that employers can terminate employees for any reason that is not illegal. Similarly, employees can resign at any time, with or without notice, without giving a reason. However, employers cannot violate anti-discrimination laws or other statutes that protect employees from retaliation, harassment, or wrongful termination. Employers should also have written policies and procedures that outline the terms and conditions of employment, including disciplinary actions, benefits, and other rights.
Minimum Wage and Overtime
Florida’s minimum wage is $11.00 per hour, which is higher than the federal minimum wage of $7.25 per hour. Employers must pay their employees at least the minimum wage for all hours worked, except for tipped employees, who may be paid a lower hourly rate if their tips and wages add up to the minimum wage. Employers must also pay overtime wages of 1.5 times the regular rate for hours worked over 40 in a workweek, unless the employee is exempt from overtime under federal or state law.
Family and Medical Leave
Florida does not have a state law that requires employers to provide family and medical leave. However, some employers may be subject to the federal Family and Medical Leave Act (FMLA), which requires employers with 50 or more employees to provide eligible employees up to 12 weeks of unpaid leave for certain family and medical reasons. Employees may also be entitled to leave under the Americans with Disabilities Act (ADA) or other laws that provide reasonable accommodations for disabilities or medical conditions.
In conclusion, Florida employment law is a complex and evolving area that requires careful attention and compliance by employers and employees. This guide provides a brief overview of some of the key aspects of Florida employment law, but it is not intended to be a substitute for legal advice. Please contact our Law Firm with specific questions or concerns that you may have.