Florida Labor Laws

The Fair Labor Standards Act (1938) sets standards for hourly wage rates and overtime pay in the US. Overtime pay must be at least 1.5 times the regular hourly rate for employees who work more than 40 hours a week. 

Florida labor laws closely adhere to the FLSA for overtime pay and break provisions but set an increased minimum wage as follows:

Violations of federal time management laws may result in fines, penalties, and damages. Workers can file a complaint with the Department of Labor’s Wage and Hour Division to initiate an investigation and legal action.

During the hiring process, job applicants and employees in Florida can not be harassed or discriminated against based on protected characteristics including: 

Two or more individuals, who conspire to prevent an applicant’s employment, cause an employee’s termination, or threaten to damage the life and property of a worker by verbal or written communication, will be considered guilty of first-degree misdemeanor, which can lead to fines up to $1,000. 

Florida’s General Labor Regulations govern working conditions in the state. Ten hours of work is considered labor under Florida law and must be compensated, irrespective of whether the hours are distributed over a day, week, month, or year. 

Florida is also a right-to-work state, meaning that employees are not required to join a labor union or pay union dues or assessments as a condition of their employment. Union membership is entirely voluntary. 

Employees in Florida can not be terminated based on discrimination, whistleblowing, participation in legal proceedings, or refusal to oblige with their employer’s illegal activities. In case of wrongful termination, claims can be filed with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR).

Florida does not have any specific laws for the payment of final wages. Employers covered by federal law are not obligated to pay an employee’s final pay immediately. However, final wages must be paid before the end of the employee’s regular pay period after termination. 

The following laws also influence employment in Florida:

• Employee Health Insurance Laws: The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) allows employees and their families to temporarily continue their group health insurance for 18 to 36 months after a qualifying life event that results in the loss of coverage. COBRA applies to most private sector employers with 20 or more employees. Qualifying events can include job loss (voluntary or involuntary), reduction in hours, divorce or legal separation, or the death of a covered employee. Florida’s Mini-COBRA Law mandates small employers to offer continued health coverage for up to 18 months (29 months if the employee is disabled) after events like job termination or reduced hours. 
• Workplace Safety Regulations: Private sector employees in Florida must provide employees with a safe and hazard-free workplace adhering to Florida’s Occupational Safety and Health Act. The Act also provides guidelines to avoid occupational diseases and reduce the risk of employee accidents and fatalities. Employers with 20 or more employees are required to establish a workplace safety committee according to the rules of the act. 
• Whistleblower Protection Laws: Employees in Florida cannot be fired, disciplined, or demoted in retaliation for reporting their employer’s law violations under Florida’s Whistleblower Act. Mistreated employees can complain to the Florida Commission on Human Relations within 60 days and to relevant court authorities within 180 days of retaliation.  
• Accumulated Sick Leave Pay: This policy allows public employees to receive ‘terminal incentive pay’ for unused or accrued sick leave after retirement or termination of employment. This incentive can also be given to an employee’s beneficiary in case of the employee’s death, given that the employee completed 10 years of service. However, employees found guilty of illegal activity during their employment period lose their right to receive terminal pay. 
• Background Check Laws: Florida law outlines two levels of background checks allowed to investigate an employee’s criminal history. Level 1 background checks extend to state-only named-based reviews, including an applicant’s employment history, sex offense history (if any), and local criminal history check. Level 2 background checks include state and national-level fingerprint testing through the FDLE and the FBI. These background checks can help employers filter applicants who have unresolved arrests, have been found guilty of specific offenses (regardless of the adjudication), or have not had their juvenile records sealed or expunged. 
• Drug and Alcohol Testing Laws: Drug testing in Florida is not mandated by law but can take place to ensure a drug-free workplace. Employers are required to provide a written notice to employees 60 days before the commencement of the drug tests. Tests can be carried out under reasonable suspicion, as part of routine fitness checks, or as follow-ups for rehabilitating employees. Employers can also require job applicants to undergo a drug test as part of the employment process. Refusal to partake in the test can be used as grounds to reject employment to the applicant. 

A minimum wage is the lowest amount of compensation that employers are legally required to give their employees for labor performed during a certain period. This amount can not be lowered with mutual agreement or bargains.

Florida’s minimum wage is $13.00 per hour. This minimum wage rate will increase by $1.00 each year until it reaches $15.00 on September 30, 2026.  

A tipped employee, as defined by the US Department of Labor, is an employee who earns more than $30 in tips every month.

Florida’s minimum cash wage for tipped employees is $9.98 per hour, with a tip credit of $3.02. This wage will continue to increase by $1.00 annually till September 30, 2026.

A tipped worker’s cash wage and tips must equal Florida’s minimum wage i.e. $13.00 per hour. If the worker’s earnings fall below the minimum wage, the employer must make up the difference. 

Florida’s minimum wage law follows the FLSA regarding eligibility for the state minimum wage. The following categories of employees can be paid a lower minimum wage than state requirements:

• Tipped employees
• Student learners
• Full-time student workers
• Disabled workers
• Youth employees
• Executive, administrative, and professional employees
• Seasonal amusement park and recreational employees
• Employees of small newspaper agencies
• Seamen
• Commercial fishing boat workers
• Casual babysitters and elderly care workers

Florida law requires state employees’ salaries to be paid within one month. These payments can be made on a monthly or semimonthly basis. Apart from this, there are no specific regulations outlining employee pay schedules in Florida. 

Florida’s overtime laws follow federal guidelines, with no state-specific exemptions. Non-exempt employees must be paid time and a half for any hours worked over 40 in a standard workweek i.e. seven consecutive 24-hour periods. This wage currently stands at $19.50/hour for minimum wage workers. 

Additionally, there is no limit to the number of hours an employee can work overtime in a week. Working on weekends, holidays, or during regular rest periods does not require overtime pay unless an employee works past the overtime threshold. 

As of July 1, 2024, the salary threshold for overtime pay exemption has increased to $43,888 annually (or $844 weekly). The following categories of employees are considered exempt from overtime pay in Florida: 

• Executive, administrative, professional, or highly compensated employees paid on a salary basis
• Computer employees
• Outside sales employees 
• Commissioned salespeople 
• Motor carrier employees involved in interstate commerce
• Amusement and recreational employees at establishments operating less than seven months per year 
• Agricultural employees

Overtime pay exemptions do not apply to police officers, firefighters, and other first responders, who remain entitled to overtime pay as regulated by the FLSA.

Since state law follows the regulations set by the FLSA, employers are not required to provide meal or rest breaks to adult employees. Short breaks, that last from 5 to 20 minutes, can be offered at the discretion of the employer. These breaks are paid. 

Employers can choose to provide meal breaks lasting 30 minutes or longer to adult employees. However, these breaks are not paid.

Minors in Florida must be provided a 30-minute break for every 4 hours of consecutive work. 

The PUMP Act (2022) requires employers to provide reasonably timed breaks every time a breastfeeding employee needs to express milk at the workplace for one year after a child’s birth. Breastfeeding employees must be provided a non-bathroom area that is private and free from intrusion for this purpose. 

Employers are not required to compensate employees for breastfeeding breaks. Furthermore, employers with less than 50 employees are not mandated to provide these breaks if they pose an undue hardship.  

The following leave benefits are available to employees in Florida: 

• Holiday Leave: Certain public holidays are paid holidays for public employees in the state. If any of these holidays falls on a Saturday the preceding Friday is observed as a holiday. If a holiday falls on a Sunday, the following Monday is considered a holiday. 
• Family and Medical Leave: The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave per year for reasons including the birth, adoption, or fostering of a child, the care of an immediate family member with a serious health condition, as well as the employee’s own serious health condition. To be eligible for FMLA, employees need to have been employed by their current employer for a minimum of 12 months or 1,250 hours within the past 12 months. 
• Sick Leave: Florida does not have state-wide sick leave policies. However, certain counties in the state may choose to mandate sick leave provisions, such as Miami-Dade County, which requires employers to provide employees one hour of paid sick leave for every 30 hours worked, accruing to a total of 56 hours of sick leave for every 12-month period. 
• Parental Leave: Florida’s new parental leave policy allows eligible state employees, who have completed at least one year of service, to receive seven weeks of paid maternity leave immediately after the birth of a child and an additional two weeks of paid parental leave within 12 months of the birth or adoption of a child. Employees may also utilize their sick leave to extend their parental leave to a total of 16 weeks to bond with their child. 
• Domestic Violence Leave: Under state law, employers must provide 3 days of paid or unpaid leave to employees subject to domestic or sexual violence. Employees can utilize this leave to seek a court order for protection against violence, obtain adequate medical attention, or seek legal assistance to prepare for court-related proceedings. However, this benefit can only be provided by employers with 50 or more employees and to an employee who has worked at least 3 months in the same establishment. 
• Jury Duty Leave: In Florida, employers are required to provide jury duty leave to employees, regardless of the nature or length of the court case. Employees summoned for jury duty are protected from threats, disciplinary action, or termination in relation to their jury service. If an employee is wrongfully dismissed due to jury duty, they can pursue civil action for compensatory damages, punitive damages, and coverage for attorney fees.
• Military Service Leave: State, county, and municipal employees in Florida are entitled to military leave. If the leave lasts for 90 days or more, employees must receive pay for the first 30 days of their absence. Employers are also required to continue providing health and other job benefits as outlined by USERRA. 
• Emergency Response Leave: Under Florida’s Disaster Volunteer Leave Act, state employees may receive up to 120 hours of paid leave per year to volunteer. This leave is specifically for providing services related to disasters within Florida but can extend to other U.S. states or territories with agency head approval. Employees must confirm completion of their volunteer service, detailing the time spent and the nature of their contributions. During the leave period, employees are not considered state employees for workers’ compensation purposes.

The following are the official state holidays observed in Florida in 2024:

Florida law considers any individual under the age of 18 as a minor. Florida’s child labor laws protect minors and require them to stay enrolled in school. Still, minors who believe that the law conflicts with their best interests can request an exemption from their local school district or the Department of Business and Professional Child Labor Program.

Working hours for minors in Florida are as follows:

When School is in Session:

• Minors aged 14 and 15 can not work before 7 a.m. or after 7 p.m. They can work up to 3 hours on a school day or on a day before a school day. Work hours can extend to 8 on weekends and non-school days. Total weekly work hours can not exceed 15. 
• Minors aged 16 and 17 can not work more than 30 hours a week. Work can not be scheduled before 6:30 a.m. or after 11 p.m. They can work a maximum of 8 hours on days when school is scheduled the following day. On other days, there are no hour restrictions. 

When School is Not in Session:

• Minors aged 14 and 15 can work 8 hours daily and up to 40 hours weekly. However, work hours can not be scheduled before 7 a.m. or after 9 p.m. 
• There are no specific work-hour regulations for minors aged 16 and 17

There are strict regulations regarding prohibited occupations for minors in Florida to ensure their safety in the workplace. Occupations prohibited for all minors under the age of 18 include:

• Jobs involving explosives or radioactive materials
• Manufacturing brick, tile, and similar products
• Logging or sawmilling
• Slaughtering, meat packing, processing, or rendering of meat
• Mining operations
• Working on scaffolding, roofs, or ladders over six feet
• Operating power-driven bakery, metal-forming, woodworking, paper product, or hoisting machines
• Wrecking, demolition, or excavation
• Operating power-driven meat and vegetable-slicing machines
• Driving motor vehicles or working as outside helpers
• Operating circular saws, band saws, or guillotine shears
• Electrical apparatus and wiring work
• Handling compressed gasses (with specific exceptions for minors 16 and older)
• Jobs involving toxic substances or corrosives like pesticides or herbicides (with safety protocols)
• Firefighting
• Operating or assisting with large machinery like tractors, forklifts, or earthmoving equipment

Occupations prohibited for minors aged 14 and 15 include:

• Operating or assisting with power-driven machinery
• Maintaining or repairing establishments, machinery, or equipment
• Working in freezers or meat coolers
• Operating power-driven meat or vegetable-slicing machines
• Driving motor vehicles, with exceptions for scooters and certain farm tractors
• Engaging in manufacturing, mining, or processing occupations in relevant workrooms
• Cooking and baking, including the use of bakery machinery (some exceptions apply)
• Working in transportation, warehousing, storage, communications, and construction (except clerical roles)
• Loading and unloading trucks, railroad cars, or conveyors
• Employment with public messenger services
• Operating or repairing food-slicing machines, grinders, choppers, and mixers
• Handling certain dangerous animals
• Spray painting
• Conducting door-to-door sales (with exceptions for non-profits like Boy Scouts or Girl Scouts under close adult supervision)

Complaints against regulated professionals in Florida can be submitted to the Division of Regulation. Under Florida law, violations of child labor regulations can lead to penalties up to $,500 per offense. The FLSA, however, can fine up to $11,000 per violation.