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Article

7 min read

Understanding Florida Labor and Employment Laws in Florida

Legal & compliance

PEO

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Author

Shannon Ongaro

Published

August 16, 2024

Last Update

January 31, 2025

Table of Contents

Federal vs. state law differences

Employment vs. labor law: what’s the difference?

Wages and hours in Florida

Leaves of absence in Florida

Workplace safety in Florida

Discrimination and harassment laws in Florida

Unions in Florida

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Key takeaways
  1. Florida's labor and employment laws are a mix of state and federal regulations, with some areas lacking specific state mandates.
  2. Florida's minimum wage exceeds the federal minimum and is scheduled to increase in the coming years.
  3. Florida does not currently have pay transparency laws in place.

In the US, labor and employment laws establish the framework for fair and equitable workplaces. They outline the rights and responsibilities of employers, employees, and labor unions, covering areas such as wages, working conditions, health and safety, and termination.

Since these laws can vary by state, it's crucial for both employers and employees to know their local requirements. In this article, we’ll cover the key laws in Florida.

Federal vs. state law differences

In Florida, employment and labor laws often align with federal regulations due to the absence of specific state statutes in several areas. 

However, Florida does implement its own regulations in certain aspects, such as minimum wage, which surpasses the federal minimum. It's important for both employers and employees to recognize where state laws might extend additional protections or impose different requirements than federal laws.

Employment vs. labor law: what’s the difference?

Employment laws in Florida cover individual rights and duties within the employer-employee relationship, including wage standards, termination procedures, and workplace safety. 

Labor laws focus on the collective dynamics between employers and groups of workers, particularly regarding union activities and collective bargaining. Both are crucial in safeguarding worker rights and fostering fair labor practices.

Wages and hours in Florida

Florida’s wage and hour laws combine state-specific requirements and federal requirements.

Minimum wage in Florida

The basic minimum wage in Florida is $12.00 USD per hour, with an annual adjustment based on a set formula. It is scheduled to increase by $1.00 every September 30th until it reaches $15.00 on September 30, 2026.

Overtime pay in Florida

The federal overtime provisions under the Fair Labor Standards Act (FLSA) apply in Florida. Employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. 

There is no requirement for overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days. The Act applies on a workweek basis, which is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. 

Averaging of hours over two or more weeks is not permitted, and overtime pay earned in a particular workweek must be paid on the regular payday for the pay period in which the wages were earned.

Pay transparency in Florida

Florida does not have any specific pay transparency laws enacted currently.

Breaks and rest periods in Florida

Florida employers are not legally required to offer rest breaks to adult employees. Federal law does not mandate employers to provide lunch or coffee breaks for employees. However, if employers choose to offer short breaks (usually lasting about 5 to 20 minutes), these breaks must be counted as compensable work hours. 

For minors, federal meal and rest break laws have specific requirements based on age. Minors who are 15 years old and under cannot work more than four hours without a 30-minute, uninterrupted meal break. 

For minors aged 16 and 17, if they are scheduled to work 8 or more hours in a day, they must not work more than 4 hours continuously without a 30-minute meal period. These rules are designed to ensure the well-being of young workers and apply throughout the year.

Leaves of absence in Florida

Under the Family and Medical Leave Act (FMLA), eligible employees of covered employers can take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage. 

Eligible employees are entitled to twelve workweeks of leave in a 12-month period for various family and medical reasons, and twenty-six workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness.

Pregnancy disability leave in Florida

Under the Family and Medical Leave Act (FMLA), eligible employees of covered employers are entitled to take unpaid, job-protected leave for specified family and medical reasons, including pregnancy disability leave. Eligible employees are entitled to twelve workweeks of leave in a 12-month period for the birth of a child and to care for the newborn child within one year of birth. 

The revisions to the FMLA allow a mother to use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child. A father can use FMLA leave for the birth of a child and to care for his spouse who is incapacitated due to pregnancy or childbirth.

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Paid sick leave in Florida

Currently, there are no federal legal requirements for paid sick leave. For companies subject to the Family and Medical Leave Act (FMLA), the Act requires unpaid sick leave, providing up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee's immediate family. 

Paid leave may be substituted for unpaid FMLA leave in many instances. Employees are eligible for FMLA leave if they:

  • Have worked for their employer for at least 12 months 
  • Have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts
  • Work at a location where the employer has at least 50 employees within 75 miles

Jury duty in Florida

In Florida, no person summoned to serve on any grand or petit jury, or accepted to serve on such a jury, can be dismissed from employment due to the nature or length of their jury service. Employers or their agents who threaten dismissal for jury service may be deemed in contempt of court. Individuals who are dismissed in violation of this rule may bring a civil action in state courts to collect compensatory damages, punitive damages, and reasonable attorney fees.

Workplace safety in Florida

Workplace safety regulations in Florida are governed by the Florida Occupational Safety and Health Act. The regulations include the establishment of workplace safety committees for employers with 20 or more employees, mandatory safety inspections, and consultations by the Division of Safety. Employers are required to provide safety training and maintain records of workplace safety activities. 

The Division of Safety is responsible for investigating and prescribing safety devices and safeguards, conducting safety inspections, and assisting employers in developing safety programs. Employers must also provide material safety data sheets for toxic substances and ensure employees are informed about their rights and safety procedures. Penalties are imposed for non-compliance with safety regulations.

Discrimination and harassment laws in Florida

In Florida, you are protected from workplace discrimination and harassment under federal laws enforced by the Equal Employment Opportunity Commission (EEOC). These protections cover discrimination based on:

  • Race
  • Color
  • Religion
  • National origin
  • Sex (including pregnancy, childbirth, and related medical conditions, sexual orientation, or gender identity)
  • Age (40 and older)
  • Disability
  • Genetic information
  • Retaliation for opposing discrimination or participating in a discrimination proceeding

Unions in Florida

Public employees in Florida have the right to form, join, and participate in, or refrain from forming, joining, or participating in, any employee organization of their choosing. Starting July 1, 2023, public employees who wish to join an employee organization must sign a membership authorization form. 

Public employees can revoke their membership at any time, and the employee organization must comply with the revocation without requiring a reason. Certain provisions do not apply to law enforcement officers, correctional officers, or firefighters. Public employees also have the right to be represented by an employee organization in collective bargaining and grievance processes.

FAQs

No, Florida’s minimum wage is currently higher than the federal minimum and must be adhered to.

No, neither Florida nor federal law requires employers to provide breaks, although compensation is required for short breaks if offered.

You should report the incident to the EEOC or a local equivalent. Legal avenues are available to address such grievances.

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Keeping up to date with the latest state-specific labor and employment laws is a crucial but resource-intensive task for HR and payroll teams. With Deel PEO, you can offload HR and compliance risks and focus on growing your business. Deel’s services include:

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Book a demo to explore Deel’s platform and speak with an expert.

Disclaimer: This article is provided for general informational purposes and should not be treated as legal or tax advice. Consult a professional before proceeding.

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About the author

Shannon Ongaro is a content marketing manager and trained journalist with over a decade of experience producing content that supports franchisees, small businesses, and global enterprises. Over the years, she’s covered topics such as payroll, HR tech, workplace culture, and more. At Deel, Shannon specializes in thought leadership and global payroll content.

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