🇺🇸 Florida EMPLOYMENT LAW — 2026 UPDATE

Florida Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 9, 2026
Last Reviewed: January 9, 2026
Applicable Period: 2026
Jurisdiction: State of Florida, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Click any item below to jump to the relevant section

Introduction
Employment Law Framework in Florida
Employee Rights in Florida
Discrimination Laws in Florida
Reasonable Accommodations
Employer Obligations in Florida
Filing Complaints
Remote Work in Florida
2026 Florida Employment Law Updates
Resources
Frequently Asked Questions

Introduction

Florida employment law establishes the legal framework governing the relationship between employees and employers throughout the state. This comprehensive guide provides detailed information on employment rights, employer obligations, and workplace protections under both Florida state law and applicable federal law for 2026.

Florida follows the at-will employment doctrine while providing specific statutory protections against discrimination, wage violations, and retaliatory employment practices. The state’s employment law framework balances employer flexibility with employee protections through statutes such as the Florida Civil Rights Act, the Florida Minimum Wage Act, and the Florida Private Whistleblower’s Act.

This guide covers wage and hour requirements, discrimination protections, reasonable accommodations, employer obligations, complaint filing procedures, remote work considerations, and recent legislative updates effective in 2026. Information is sourced exclusively from official Florida statutes, administrative regulations, and federal law.

Who This Guide Serves:

Employees: Understanding your workplace rights and protections
Employers: Ensuring compliance with Florida employment law
Human Resources Professionals: Reference for policy development and compliance
Business Owners: Navigating legal requirements and obligations

What This Guide Covers:

At-will employment framework and exceptions
Minimum wage and overtime requirements
Anti-discrimination protections under Florida and federal law
Reasonable accommodation obligations
Required workplace postings and compliance
Procedures for filing complaints with state and federal agencies
2026 legislative updates and changes

Official Sources Consulted:

Florida Statutes (Chapters 448, 760, and related provisions)
Florida Constitution, Article X, Section 24
Florida Administrative Code
Federal statutes including Title VII, FLSA, ADA, ADEA, and FMLA
Florida Commission on Human Relations guidance
Florida Department of Commerce publications
U.S. Department of Labor regulations and guidance
U.S. Equal Employment Opportunity Commission regulations

Employment Law Framework in Florida

1.1 At-Will Employment Doctrine

Florida is an at-will employment state. The at-will employment doctrine is the default rule for employment relationships in Florida.

Legal Framework:

Florida follows the common law at-will employment doctrine recognized throughout the United States. Under this doctrine, either the employer or the employee may terminate the employment relationship at any time, for any reason, or for no reason, with or without notice, absent an exception.

Source: Common law doctrine recognized by Florida courts
Federal Context: At-will employment is recognized in all U.S. states except Montana
Available at: Florida case law and legal precedent

What At-Will Employment Means:

For Employees:

You may resign from your position at any time without providing notice or reason
You are not required to provide two weeks’ notice (unless required by employment contract)
You may leave your employment immediately if you choose
Your employer may terminate your employment at any time without advance warning or cause

For Employers:

You may terminate an employee’s employment at any time without providing cause
You may change job duties, compensation, or working conditions without employee consent
You may eliminate positions or restructure your workforce as business needs require
You must comply with all statutory exceptions to at-will employment

Exceptions to At-Will Employment:

Despite the at-will employment doctrine, Florida and federal law establish important exceptions that prohibit certain types of terminations. There are four primary categories of exceptions:

1. Statutory Anti-Discrimination Protections

Employers cannot terminate employees for reasons prohibited under federal and state anti-discrimination laws.

Federal Protections:

Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, or national origin for employers with 15 or more employees.

Source: Title VII of the Civil Rights Act of 1964
Citation: 42 U.S.C. § 2000e et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter21&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm

Age Discrimination in Employment Act (ADEA) prohibits age discrimination against individuals 40 years of age or older.

Source: Age Discrimination in Employment Act
Citation: 29 U.S.C. § 621 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-chapter14&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/adea.cfm

Americans with Disabilities Act (ADA) prohibits discrimination based on disability.

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter126&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/ada.cfm

Florida State Protections:

Florida Civil Rights Act of 1992 prohibits discrimination in employment based on additional protected classes.

According to Florida Statutes § 760.01:

“The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state.”

Source: Florida Civil Rights Act of 1992
Citation: Fla. Stat. §§ 760.01-760.11
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html
Last amended: 2023

2. Employment Contracts

Employment contracts that specify termination procedures or require “just cause” for termination modify the at-will relationship.

Applicable Situations:

Written employment contracts specifying termination conditions
Collective bargaining agreements negotiated with labor unions
Executive employment agreements with termination provisions
Contracts requiring specific notice periods or severance payments

Note: Under Florida law, employment contracts are presumed to be at-will unless the contract explicitly states otherwise.

3. Public Policy Exception (Limited in Florida)

Florida does not recognize a broad public policy exception to at-will employment. However, specific statutes provide protection against retaliation in certain circumstances.

Florida Private Whistleblower’s Act:

According to Florida Statutes § 448.102:

“No employer shall take any retaliatory personnel action against an employee because the employee has:
(a) Disclosed, or threatened to disclose, to any appropriate governmental agency, under oath, in writing, an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation.
(b) Provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer.
(c) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.”

Source: Florida Private Whistleblower’s Act
Citation: Fla. Stat. §§ 448.101-448.105
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.102.html
Last amended: 2023

Employer Size Requirement: Applies to employers with 10 or more employees

Source: Fla. Stat. § 448.101(3)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.101.html

4. Retaliation Protections

Multiple statutes prohibit retaliation against employees who exercise protected rights.

Examples of Protected Activities:

Filing a workers’ compensation claim
Filing a discrimination complaint with FCHR or EEOC
Reporting workplace safety violations to OSHA
Requesting reasonable accommodations for disabilities
Taking protected leave under FMLA
Participating in union activities protected by NLRA

1.2 Labor Law vs. Employment Law

Understanding the distinction between labor law and employment law is important for both employees and employers in Florida.

Employment Law:

Employment law is the broader legal framework that governs the relationship between individual employees and their employers. This includes:

Wage and hour requirements
Anti-discrimination protections
Workplace safety regulations
Employee benefits
Hiring and termination practices
Individual employment contracts

Labor Law:

Labor law is a subset of employment law that specifically addresses:

Collective bargaining between employers and labor unions
Union organizing and representation
Unfair labor practices
Strikes and picketing
Union elections and certification
Collective bargaining agreements

Key Distinctions

Aspect	Employment Law	Labor Law
Focus	Individual employee–employer relationships	Collective worker–employer relationships
Primary Laws	Title VII, ADA, FLSA, Florida Civil Rights Act	National Labor Relations Act, Railway Labor Act
Enforcement	EEOC, DOL, FCHR, Florida DOC	National Labor Relations Board
Scope	All employees in covered workplaces	Unionized workers and organizing activities
Contracts	Individual employment agreements	Collective bargaining agreements

When Each Applies:

Employment Law Applies:

All private sector employees in Florida
Public sector employees for certain protections
Non-unionized workplaces
Individual employment disputes
Wage and hour claims
Discrimination and harassment claims

Labor Law Applies:

Unionized workplaces
Union organizing campaigns
Collective bargaining negotiations
Disputes between unions and management
Unfair labor practice charges

1.3 Right-to-Work Status

Florida is a right-to-work state under both state constitutional and statutory provisions.

Constitutional Provision:

According to Florida Constitution, Article I, Section 6:

“The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization.”

Source: Florida Constitution
Citation: Fla. Const. Art. I, § 6
Official text: https://www.leg.state.fl.us/statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes&CFID=397318628&CFTOKEN=44398736
Adopted: 1944 (amended 1968)

Statutory Provisions:

Florida Statutes § 447.17 addresses public employee union security:

“No state employee or local governmental employee shall be required, as a condition of employment or continuation of employment, to pay any dues, fees, or assessments of any kind to any labor organization…”

Source: Florida Statutes
Citation: Fla. Stat. § 447.17
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0447/Sections/0447.17.html

What Right-to-Work Means:

For Employees:

You cannot be required to join a union as a condition of employment
You cannot be required to pay union dues or fees to get or keep a job
You have the right to choose whether to join or financially support a union
You cannot be fired for refusing to join a union or pay union dues
You retain the right to organize and collectively bargain if you choose

For Employers:

You cannot require union membership as a condition of employment
You cannot require payment of union dues as a condition of employment
You cannot discriminate against employees based on union membership or non-membership
You must comply with National Labor Relations Act provisions regarding union activities

Federal Protection:

The National Labor Relations Act protects the right of employees to organize and engage in collective bargaining activities.

Source: National Labor Relations Act
Citation: 29 U.S.C. § 151 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-chapter7&num=0&edition=prelim
NLRB website: https://www.nlrb.gov/

Employee Rights in Florida

2.1 Wage and Hour Rights

Florida law establishes minimum wage and overtime requirements that exceed federal standards in certain respects. Both state and federal wage and hour laws apply to Florida employers.

2.1.1 Minimum Wage Requirements

Current Florida Minimum Wage (2026):

Florida’s minimum wage follows a scheduled increase approved by voters in 2020.

According to Florida Constitution, Article X, Section 24 and implementing legislation, Florida voters approved Amendment 2 on November 3, 2020, establishing a gradual increase in the state minimum wage.

Minimum Wage Effective Dates:

September 30, 2025 through September 29, 2026:

Standard minimum wage: $14.00 per hour
Tipped employee cash wage: $10.98 per hour (plus tips)

Source: Florida Department of Commerce Minimum Wage Notice
Published by: Florida Department of Commerce
Available at: https://www.floridajobs.org/docs/default-source/business-growth-and-partnerships/for-employers/posters-and-required-notices/2025-minimum-wage/2025-minimum-wage-poster—english.pdf
Date: 2025

September 30, 2026:

Standard minimum wage: $15.00 per hour (final scheduled increase)
Tipped employee cash wage: To be announced by Florida Department of Commerce

Source: Florida Constitution
Citation: Fla. Const. Art. X, § 24
Voter approval: November 3, 2020 (Amendment 2)

Statutory Implementation:

Florida Statutes § 448.110 implements the constitutional minimum wage provision:

“This section may be cited as the ‘Florida Minimum Wage Act.’ The purpose of this section is to provide measures appropriate for the implementation of s. 24, Art. X of the State Constitution, in accordance with authority granted to the Legislature pursuant to s. 24(f), Art. X of the State Constitution.”

Source: Florida Minimum Wage Act
Citation: Fla. Stat. § 448.110
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.110.html
Last amended: 2023

Future Adjustments:

Beginning in 2027, Florida’s minimum wage will be adjusted annually for inflation based on the Consumer Price Index.

Tipped Employees:

Florida law allows employers to pay tipped employees a lower direct cash wage if tips bring total compensation to at least the full minimum wage.

Maximum Tip Credit:

Employers may take a tip credit toward the minimum wage for employees who customarily and regularly receive tips
The cash wage plus tips must equal at least the full Florida minimum wage
If tips do not bring the employee to the full minimum wage, the employer must make up the difference

Source: Florida Department of Commerce guidance implementing federal FLSA tip credit provisions
Available at: https://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices

Eligible Tipped Occupations:

Restaurant servers, bartenders, and food service workers
Hotel and hospitality service staff
Delivery drivers who receive tips
Other customarily tipped positions

Federal Minimum Wage:

Federal minimum wage is $7.25 per hour under the Fair Labor Standards Act. Florida employees receive the higher Florida minimum wage.

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 206
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/minimum-wage

Covered Employers:

Florida’s minimum wage applies to all employers covered by the federal Fair Labor Standards Act.

According to Florida Statutes § 448.110(3):

“Only those individuals entitled to receive the federal minimum wage under the federal Fair Labor Standards Act and its implementing regulations shall be eligible to receive the state minimum wage pursuant to s. 24, Art. X of the State Constitution and this section.”

Source: Fla. Stat. § 448.110(3)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.110.html

Exemptions:

Certain employees are exempt from minimum wage requirements under federal and state law:

Bona fide executive, administrative, and professional employees meeting FLSA exemption tests
Outside sales employees
Certain computer professionals
Independent contractors (not employees)

Source: Federal exemptions at 29 U.S.C. § 213 and 29 C.F.R. Part 541
DOL fact sheets: https://www.dol.gov/agencies/whd/fact-sheets

2.1.2 Overtime Requirements

Florida follows federal overtime requirements under the Fair Labor Standards Act. Florida does not have additional state-specific overtime laws beyond FLSA.

Federal Overtime Standard:

According to Fair Labor Standards Act, 29 U.S.C. § 207(a)(1):

“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/overtime

Overtime Rate: Time and one-half (1.5×) the regular rate of pay

Overtime Threshold: 40 hours in a workweek

Key Points:

Overtime is calculated on a workweek basis, not a pay period basis
A workweek is a fixed, regularly recurring period of 168 hours (7 consecutive 24-hour periods)
Overtime must be paid at 1.5 times the employee’s regular rate
There is no daily overtime requirement in Florida (unlike some states such as California)
Compensatory time off (“comp time”) is not permitted for private sector employees

Overtime Exemptions:

Certain employees are exempt from overtime requirements under FLSA:

White Collar Exemptions (most common):

Executive employees
Administrative employees
Professional employees (learned and creative)
Computer employees
Outside sales employees
Highly compensated employees

Salary Threshold for Exemption (2026):

To qualify for most white-collar exemptions, employees must meet both:

Salary basis test: Paid on a salary basis
Salary level test: Earn at least the minimum salary threshold
Duties test: Perform exempt job duties

Current Salary Threshold: As of July 1, 2024, the salary threshold is $844 per week ($43,888 per year) for most exemptions.

Source: U.S. Department of Labor Final Rule
Citation: 29 C.F.R. § 541
Effective: July 1, 2024
DOL guidance: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime

Note: Salary level alone does not determine exemption status. Employees must also meet the duties test for their specific exemption category.

2.1.3 Meal and Rest Break Requirements

Florida Law on Breaks:

Florida does not have state-specific laws requiring employers to provide meal periods or rest breaks to adult employees.

Legislative Search Conducted:

Source: Florida Legislature website
Search URL: https://www.leg.state.fl.us/statutes/
Search terms: “meal break”, “rest break”, “employee breaks”, “lunch period”
Date: January 8, 2026
Result: No Florida statute requiring meal or rest breaks for adult employees

Federal Law on Breaks:

Federal law does not require meal or rest breaks for adult employees.

According to U.S. Department of Labor, Wage and Hour Division:

“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”

Source: U.S. Department of Labor Fact Sheet
Published by: Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/breaks
Topic: Breaks and Meal Periods

Short Rest Breaks (When Provided):

Breaks of 5-20 minutes must be paid as work time
Cannot be deducted from hours worked
Must be counted toward overtime calculations

Meal Periods (When Provided):

Meal periods of 30 minutes or longer may be unpaid
Employee must be completely relieved of duties
Employee must be free to leave the work area
If employee performs any work during meal period, it must be paid time

Exceptions for Minor Employees:

Florida law does provide meal break requirements for employees under age 18.

According to Florida Statutes § 450.081:

“An employer who requires or permits a minor to work for more than 4 continuous hours may not permit that minor to work without giving her or him a bona fide break of at least 30 minutes. The time of the meal period may be counted as part of the minor’s work period only if the minor is not free to leave the place of employment.”

Source: Florida Child Labor Law
Citation: Fla. Stat. § 450.081
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0450/Sections/0450.081.html
Applies to: Employees under age 18 only

For Adult Florida Employees:

Meal and rest break policies are determined by:

Employer policy as stated in employee handbook
Individual employment contracts
Collective bargaining agreements (if unionized)
Industry practice and custom

Note for Employers: While not legally required, many employers provide meal and rest breaks. Such breaks are common in many industries and workplaces.

2.1.4 Final Paycheck Requirements

Florida law requires that employees receive their final paycheck on the next regularly scheduled payday following termination.

Florida Final Paycheck Rule:

Florida follows the next regular payday rule for final wage payment. There is no specific Florida statute mandating immediate payment of final wages upon termination.

Standard Practice:

Final wages must be paid on the next regularly scheduled payday
Payment schedule may be weekly, bi-weekly, semi-monthly, or monthly based on employer’s regular pay schedule
No requirement for immediate payment on termination date
Applies to both voluntary resignation and involuntary termination

Federal Law:

The Fair Labor Standards Act requires payment of earned wages but does not specify timing for final paychecks. States establish their own requirements.

Source: 29 C.F.R. § 531
DOL guidance: https://www.dol.gov/agencies/whd

Method of Payment:

Final wages may be paid by:

Direct deposit (if employee has authorized direct deposit)
Paper check
Payroll card
Other methods agreed upon by employer and employee

What Must Be Included:

Final paycheck must include:

All earned wages for hours worked through termination date
Accrued but unpaid commissions (if applicable)
Accrued but unused vacation time (if required by employer policy or contract)

What Is NOT Required:

Florida law does not require employers to pay for:

Unused vacation time (unless employer policy or contract requires it)
Unused sick leave
Severance pay (unless required by contract)
Pay in lieu of notice

Deductions from Final Paycheck:

Permissible deductions include:

Federal and state income tax withholding
Social Security and Medicare taxes (FICA)
Court-ordered garnishments
Deductions authorized in writing by employee
Repayment of overpaid wages or advances

Prohibited deductions:

Deductions that reduce final pay below minimum wage
Unauthorized deductions for cash register shortages, breakage, or damaged equipment
Deductions not authorized by employee or required by law

Enforcement:

Employees who do not receive their final paycheck may:

File a wage claim with the U.S. Department of Labor
Pursue a private lawsuit under Florida common law for breach of contract
File a complaint regarding minimum wage violations with Florida Department of Commerce

2.1.5 Payday Requirements

Florida does not have a state statute mandating specific payday frequency for private employers. However, employers must establish regular paydays and pay employees on schedule.

Common Pay Periods in Florida:

Weekly (52 pay periods per year)
Bi-weekly (26 pay periods per year)
Semi-monthly (24 pay periods per year)
Monthly (12 pay periods per year)

Common Practice: Employers typically establish a regular payday schedule and communicate it to employees through:

Employee handbook
Written employment policies
Offer letters or employment agreements

2.2 Paid Sick Leave

Florida Law on Paid Sick Leave:

Florida does not have a state law requiring private employers to provide paid sick leave to employees.

Legislative Search Conducted:

Source: Florida Legislature website
Search URL: https://www.leg.state.fl.us/statutes/
Search terms: “paid sick leave”, “sick time”, “paid time off”, “sick days”
Date: January 8, 2026
Result: No Florida statute mandating paid sick leave for private sector employees

Federal Law:

There is no federal law requiring private sector employers to provide paid sick leave.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/general/topic/workhours/sickleave

Current Status in Florida:

Paid sick leave is:

A matter of employer policy
May be provided voluntarily by employers
May be required by employment contract or collective bargaining agreement
Not mandated by Florida state law or federal law for private sector employees

Employer Options:

Employers may:

Offer paid sick leave as an employee benefit
Include sick leave in a general paid time off (PTO) policy
Offer unpaid sick leave
Have no sick leave policy (beyond FMLA requirements)

Federal Family and Medical Leave Act (FMLA):

While not paid leave, FMLA provides job-protected unpaid leave for qualifying employees.

FMLA provides up to 12 weeks of unpaid, job-protected leave per year for:

Birth and care of a newborn child
Adoption or foster care placement
Care for an immediate family member with a serious health condition
Employee’s own serious health condition
Qualifying exigencies related to military service

Eligibility Requirements:

Employer has 50 or more employees within 75 miles
Employee has worked for employer for at least 12 months
Employee has worked at least 1,250 hours in the 12 months before leave
Employee has a qualifying reason under FMLA

Source: Family and Medical Leave Act
Citation: 29 U.S.C. § 2601 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-chapter28&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/fmla

2.3 Summary of Employee Rights

Florida employees have the following wage and hour rights:

Minimum Wage:

$14.00 per hour effective September 30, 2025 through September 29, 2026
$15.00 per hour effective September 30, 2026
Tipped employees: $10.98 per hour cash wage (through September 29, 2026) plus tips
Enforcement through Florida Department of Commerce and U.S. Department of Labor

Overtime Pay:

Time and one-half for hours worked over 40 in a workweek
Based on federal FLSA requirements
Applies unless employee is properly classified as exempt
Enforcement through U.S. Department of Labor

Meal and Rest Breaks:

No state or federal requirement for adult employees
Short breaks (5-20 minutes) must be paid if provided
Meal periods (30+ minutes) may be unpaid if employee is relieved of all duties
Minors under 18 must receive 30-minute break after 4 hours

Final Paycheck:

Due on next regular payday after termination
Must include all earned wages
Unused vacation pay only if required by employer policy or contract

Protected Rights:

Right to file wage claim without retaliation
Right to discuss wages and working conditions with coworkers
Right to minimum wage regardless of employer size (for FLSA-covered employment)
Right to accurate wage statements and records

Discrimination Laws in Florida

3.1 Overview of Anti-Discrimination Protections

Florida law prohibits employment discrimination through the Florida Civil Rights Act of 1992. Federal anti-discrimination laws also apply to Florida employers. Together, these laws protect employees from discrimination based on specific characteristics known as “protected classes.”

Legal Framework:

Florida Civil Rights Act of 1992:

According to Florida Statutes § 760.01(2):

Source: Florida Civil Rights Act of 1992
Citation: Fla. Stat. § 760.01(2)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.01.html
Last amended: 2015

Covered Employers:

The Florida Civil Rights Act applies to employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

Source: Fla. Stat. § 760.02(7)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.02.html

3.2 Protected Classes Under Florida and Federal Law

Florida Protected Classes:

According to Florida Statutes § 760.10, it is an unlawful employment practice for an employer to discriminate against an individual based on:

Race
Color
Religion
Sex
Pregnancy
National origin
Age
Handicap (disability)
Marital status

Source: Florida Civil Rights Act
Citation: Fla. Stat. § 760.10
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.10.html
Covered employers: 15 or more employees

Federal Protected Classes:

Federal anti-discrimination laws protect additional characteristics and apply to Florida employers:

Title VII of the Civil Rights Act (15+ employees):

“It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”

Protected classes under Title VII:

Race
Color
Religion
Sex (including pregnancy, sexual orientation, and gender identity per EEOC interpretation and Supreme Court ruling in Bostock v. Clayton County)
National origin

Source: Title VII of the Civil Rights Act of 1964
Citation: 42 U.S.C. § 2000e-2(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm
Bostock decision: https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf (June 15, 2020)

Age Discrimination in Employment Act (20+ employees):

Protects individuals who are 40 years of age or older from employment discrimination based on age.

Americans with Disabilities Act (15+ employees):

“No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12112(a)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/ada.cfm

Genetic Information Nondiscrimination Act (15+ employees):

Prohibits discrimination based on genetic information.

Source: Genetic Information Nondiscrimination Act
Citation: 42 U.S.C. § 2000ff et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter21F&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/gina.cfm

Pregnancy Discrimination Act (15+ employees):

Amends Title VII to clarify that discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes sex discrimination.

Source: Pregnancy Discrimination Act (amending Title VII)
Citation: 42 U.S.C. § 2000e(k)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/pregnancy.cfm

Military Status (All employers):

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects military service members’ employment rights.

Source: USERRA
Citation: 38 U.S.C. § 4301 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-chapter43&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/vets/programs/userra

3.3 Types of Prohibited Discrimination

Florida and federal law prohibit several types of discriminatory employment practices:

Hiring Discrimination:

Refusing to hire qualified applicants based on protected class
Discriminatory job postings or advertisements
Biased screening or interview processes
Discriminatory application questions

Termination:

Firing employees because of protected class membership
Discriminatory layoff or reduction in force decisions
Forced retirement based on age

Compensation:

Paying different wages or salaries based on protected class
Discriminatory bonus or commission structures
Unequal benefits based on protected characteristics

Terms and Conditions of Employment:

Discriminatory job assignments
Unequal access to training or promotion opportunities
Discriminatory discipline or evaluation practices
Different working conditions based on protected class

Harassment:

Hostile work environment based on protected class
Quid pro quo harassment
Severe or pervasive discriminatory conduct

Retaliation:

Adverse action against employees who oppose discrimination
Retaliation for filing discrimination complaints
Retaliation for participating in discrimination investigations

According to Florida Statutes § 760.10(7):

“It is an unlawful employment practice for an employer, an employment agency, a joint labor-management committee, or a labor organization to discriminate against any person because that person has opposed any practice which is an unlawful employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under ss. 760.01-760.11 and 509.092.”

Source: Fla. Stat. § 760.10(7)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.10.html

3.4 Sexual Harassment

Sexual harassment is a form of sex discrimination prohibited under both federal and Florida law.

Definition Under Florida Law:

Florida law incorporates federal standards for sexual harassment. Sexual harassment occurs when:

1. Quid Pro Quo Harassment: Submission to or rejection of unwelcome sexual conduct is used as the basis for employment decisions affecting the individual.

Examples:

Supervisor conditions promotion on sexual favors
Supervisor threatens termination for refusing sexual advances
Job benefits made contingent on sexual relationship

2. Hostile Work Environment: Unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment.

Elements:

Conduct must be unwelcome
Conduct must be based on sex
Conduct must be sufficiently severe or pervasive
Conduct must alter conditions of employment and create hostile environment

Examples of Sexual Harassment:

Unwanted sexual advances or propositions
Requests for sexual favors
Unwanted touching or physical contact
Sexual comments, jokes, or innuendo
Display of sexually explicit materials
Sexual gestures or leering
Questions about sexual activity or preferences

Legal Standard:

Harassment must be severe or pervasive enough to create a work environment that a reasonable person would find hostile or abusive.

Source: Federal case law including Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) and Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993), applied in Florida through FCRA

Employer Liability:

Employers can be held liable for sexual harassment by:

Supervisors and managers
Co-workers
Non-employees (customers, vendors, clients) in certain circumstances

Prevention Approach:

While Florida does not currently mandate sexual harassment training for all private employers, many employers:

Establish clear anti-harassment policies
Provide effective complaint procedures
Investigate complaints promptly and thoroughly
Take appropriate corrective action

Note on Training Requirements:

Florida does not have a statewide sexual harassment training requirement for private sector employers as of January 2026.

Legislative Search Conducted:

Source: Florida Legislature website
Search URL: https://www.leg.state.fl.us/statutes/
Search terms: “sexual harassment training”, “harassment prevention training”, “workplace training requirement”
Date: January 8, 2026
Result: No Florida statute mandating sexual harassment training for private sector employers

Note on Training:

Despite the lack of legal requirement, sexual harassment prevention training is common in many organizations. Such training may:

Help prevent harassment
Potentially limit employer liability
Create awareness of policies and complaint procedures
Demonstrate compliance efforts

3.5 Enforcement and Remedies

Employees who experience discrimination have multiple avenues for filing complaints and seeking remedies.

Florida Commission on Human Relations (FCHR):

The Florida Commission on Human Relations enforces the Florida Civil Rights Act.

Filing Deadline: 365 days from the date of the alleged discriminatory act

Source: Fla. Stat. § 760.11(1)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.11.html

Contact Information:

Florida Commission on Human Relations
4075 Esplanade Way, Room 110
Tallahassee, FL 32399

Phone: (850) 488-7082
Toll-Free: 1-800-342-8170
Fax: (850) 487-1007
Email: fchrinfo@fchr.myflorida.com
Website: https://fchr.myflorida.com/

Office Hours: Monday-Friday, 8:00 AM – 5:00 PM (Eastern Time)

Source: Florida Commission on Human Relations official website
Verified: January 8, 2026
Available at: https://fchr.myflorida.com/contact

Online Filing: https://fchr.myflorida.com/file-a-complaint-page

U.S. Equal Employment Opportunity Commission (EEOC):

The EEOC enforces federal anti-discrimination laws including Title VII, ADEA, ADA, GINA, and PDA.

Filing Deadline: 300 days from the date of the alleged discriminatory act (for Florida, a “deferral state”)

Source: 29 C.F.R. § 1601.13
EEOC guidance: https://www.eeoc.gov/filing-charge-discrimination

EEOC Tampa Field Office:
(Serves Central and Southwest Florida including Tampa, St. Petersburg, Sarasota, Fort Myers)

Tampa City Center
201 East Kennedy Boulevard, Suite 1550
Tampa, FL 33602

Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov/field-office/tampa/location

EEOC Miami District Office:
(Serves South Florida including Miami, Fort Lauderdale, West Palm Beach)

Miami Tower, Suite 1200
100 SE 2nd Street
Miami, FL 33131

Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov/field-office/miami/location

Source: EEOC official website
Verified: January 8, 2026
Available at: https://www.eeoc.gov/field-office

Available Remedies:

If discrimination is found, remedies may include:

Back pay: Lost wages from termination or demotion
Front pay: Future lost earnings if reinstatement is not feasible
Reinstatement: Return to former position
Promotion: If discriminatorily denied
Compensatory damages: Emotional distress, pain and suffering
Punitive damages: To punish egregious conduct (limited by employer size)
Attorney’s fees and costs: For prevailing plaintiffs

Damage Caps Under Federal Law:

Title VII and ADA compensatory and punitive damages are capped based on employer size:

15-100 employees: $50,000
101-200 employees: $100,000
201-500 employees: $200,000
501+ employees: $300,000

Source: 42 U.S.C. § 1981a(b)(3)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1981a&num=0&edition=prelim

Note: Back pay, front pay, and attorney’s fees are not subject to caps. ADEA does not have damage caps.

Reasonable Accommodations

4.1 Disability Accommodations Under ADA and Florida Law

Both federal and Florida law require employers to provide reasonable accommodations to qualified individuals with disabilities.

Americans with Disabilities Act (ADA):

According to 42 U.S.C. § 12112(b)(5)(A), discrimination includes:

“not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.”

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12112(b)(5)(A)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Florida Civil Rights Act:

Florida law similarly prohibits discrimination based on “handicap” and requires reasonable accommodations.

According to Florida Statutes § 760.10(1)(a):

It is unlawful employment practice for an employer to “discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.”

Source: Florida Civil Rights Act
Citation: Fla. Stat. § 760.10(1)(a)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.10.html

Who Is Protected:

A “qualified individual with a disability” is someone who:

Has a physical or mental impairment that substantially limits one or more major life activities
Has a record of such an impairment
Is regarded as having such an impairment
Can perform the essential functions of the job with or without reasonable accommodation

Major Life Activities Include:

Caring for oneself
Performing manual tasks
Seeing, hearing, eating, sleeping, walking, standing, lifting, bending
Speaking, breathing, learning, reading, concentrating, thinking, communicating, working
Major bodily functions (immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, reproductive functions)

Source: 42 U.S.C. § 12102
EEOC regulations: 29 C.F.R. § 1630.2

4.2 The Interactive Process

Employers must engage in an interactive process with employees who request accommodations.

Five Steps of the Interactive Process:

Step 1: Employee Requests Accommodation

Employee notifies employer of need for accommodation due to disability
Request does not need to use specific language or be in writing
Employee must indicate that adjustment is needed for medical reason

Step 2: Employer Requests Medical Documentation (if needed)

Employer may request documentation of disability and need for accommodation
Must be limited to information necessary to establish disability and need
Cannot request complete medical records or unrelated medical information

Step 3: Employer and Employee Engage in Interactive Discussion

Discuss employee’s limitations
Identify potential accommodations
Explore effectiveness of various options
Consider employee’s preferences

Step 4: Employer Evaluates Accommodation Options

Determine if accommodation is reasonable
Assess whether accommodation would impose undue hardship
Consider alternative accommodations if first choice not feasible

Step 5: Implement Chosen Accommodation

Provide accommodation in timely manner
Monitor effectiveness
Adjust if needed

Employer Obligations:

Employers must:

Respond promptly to accommodation requests
Participate in good faith interactive process
Provide reasonable accommodation unless undue hardship
Keep medical information confidential
Not retaliate against employees who request accommodations

Employee Participation:

To facilitate the interactive process, employees typically:

Notify employer of need for accommodation
Provide medical documentation if requested
Participate in interactive process in good faith
Suggest potential accommodations
Try accommodations provided in good faith

4.3 Reasonable Accommodations: Examples

Reasonable accommodations may include:

Modifications to Work Environment:

Accessible parking spaces
Wheelchair-accessible workspaces
Ergonomic furniture or equipment
Adjustable desks or chairs
Improved lighting
Noise reduction measures

Modifications to Job Duties:

Restructuring marginal job functions
Reassigning non-essential duties to other employees
Modifying how essential functions are performed
Providing additional training or support

Schedule Modifications:

Flexible work schedules
Part-time or modified work schedules
Additional breaks
Leave for medical treatment
Telework or remote work arrangements

Equipment and Technology:

Screen reading software for visually impaired employees
TTY or video relay services for deaf employees
Voice recognition software
Specialized computer equipment
Assistive listening devices

Policy Modifications:

Allowing service animals in workplace
Modifying break or leave policies
Relaxing dress code for medical devices or clothing
Modifying training materials or testing procedures

Reassignment:

Transfer to vacant position if no reasonable accommodation exists for current position
Must be to equivalent position if available

Source: EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.4 Undue Hardship Exception

Employers are not required to provide accommodations that would impose an “undue hardship” on the operation of the business.

Definition of Undue Hardship:

According to 42 U.S.C. § 12111(10):

“The term ‘undue hardship’ means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).”

Factors to Consider:

(A) The nature and cost of the accommodation
(B) The overall financial resources of the facility making the accommodation
(C) The number of persons employed at such facility
(D) The effect on expenses and resources
(E) The impact on facility operations
(F) The overall financial resources of the covered entity
(G) The overall size of the business
(H) The number, type, and location of facilities
(I) The type of operation, including composition, structure, and functions of workforce
(J) The geographic separateness and administrative/fiscal relationship of the facility to the covered entity

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12111(10)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111&num=0&edition=prelim

Key Points:

Undue hardship is determined case-by-case
Must consider resources of entire organization, not just local facility
Cost alone does not establish undue hardship unless significant in relation to operation
Employer bears burden of proving undue hardship
Must consider external funding (tax credits, grants, outside assistance) that could offset costs

Accommodations NOT Required:

Employers are NOT required to:

Eliminate essential functions of the job
Lower production standards applied to all employees
Provide personal use items (glasses, hearing aids, wheelchairs) except as work equipment
Accommodate current illegal drug use (past addiction may be protected)
Tolerate misconduct or poor performance, even if related to disability

4.5 Religious Accommodations

Employers must reasonably accommodate employees’ sincerely held religious beliefs, observances, and practices unless doing so would cause undue hardship.

Federal Law:

Title VII of the Civil Rights Act requires religious accommodation.

According to 42 U.S.C. § 2000e(j):

“The term ‘religion’ includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business.”

Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e(j)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination

Common Religious Accommodations:

Schedule Modifications:

Time off for religious observances
Flexible scheduling for prayer times
Shift swaps or schedule changes for Sabbath observance

Dress and Grooming:

Exceptions to dress code for religious clothing (hijab, yarmulke, turban)
Exceptions to grooming policies for religious reasons (beards, uncut hair)

Work Duties:

Reassignment from duties that conflict with religious beliefs
Voluntary shift substitutions or swaps

Workplace Practices:

Space for prayer or religious observance
Dietary accommodations

Undue Hardship for Religious Accommodation:

Under Title VII, religious accommodation undue hardship has a lower threshold than disability accommodation undue hardship. An accommodation causes undue hardship if it would impose more than a de minimis cost or burden on the employer’s business.

Note: The U.S. Supreme Court recently raised this standard in Groff v. DeJoy (2023), clarifying that “undue hardship” means “substantial increased costs in relation to the conduct of its particular business.”

Source: Groff v. DeJoy, 600 U.S. 447 (2023)
Supreme Court decision: https://www.supremecourt.gov/opinions/22pdf/22-174_k53l.pdf

4.6 Pregnancy Accommodations

The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Federal Law:

According to 42 U.S.C. § 2000gg:

“It shall be an unlawful employment practice for a covered entity to not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.”

Source: Pregnant Workers Fairness Act
Citation: 42 U.S.C. § 2000gg et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter21H&num=0&edition=prelim
Effective date: June 27, 2023
EEOC regulations: 29 C.F.R. Part 1636
EEOC guidance: https://www.eeoc.gov/laws/guidance/what-you-should-know-about-pregnant-workers-fairness-act

Common Pregnancy Accommodations:

Modified work schedules or part-time work
Temporary reassignment to light duty
Additional breaks for rest, eating, or restroom use
Providing seating or allowing employee to sit
Providing water and allowing employee to drink
Modifications to uniforms or dress code
Temporary suspension of essential functions
Leave for recovery from childbirth or related medical conditions

Covered Employers: 15 or more employees

Florida Law:

Florida Civil Rights Act also protects against pregnancy discrimination as a form of sex discrimination.

Source: Fla. Stat. § 760.10
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.10.html

4.7 How to Request Accommodations

For Employees:

Step 1: Notify Your Employer

Inform your supervisor, human resources, or designated accommodation coordinator
Request does not need to be in writing, but written requests create clear documentation
Explain that you need an adjustment or change due to a medical condition
Use plain language; you do not need to use the term “accommodation” or cite ADA

Step 2: Provide Medical Documentation (if requested)

Employer may request documentation from healthcare provider
Documentation should confirm disability/condition and need for accommodation
Do not provide complete medical records
Provide only information relevant to accommodation request

Step 3: Participate in Interactive Process

Discuss your limitations with employer
Suggest potential accommodations
Consider employer’s proposed alternatives
Be flexible and willing to try reasonable options

Step 4: Follow Up

Confirm agreed-upon accommodation in writing
Notify employer if accommodation is not working
Request adjustments if needed

For Employers:

Step 1: Recognize Request

Any statement that employee needs adjustment due to medical condition triggers obligation
Request does not need to use magic words
Train managers and supervisors to recognize accommodation requests

Step 2: Request Documentation (if needed)

Limit requests to information necessary to establish disability and need for accommodation
Use ADA-compliant documentation request forms
Do not request complete medical records

Step 3: Engage in Interactive Process

Meet with employee promptly
Discuss limitations and potential accommodations
Consider employee’s preference but employer chooses among effective accommodations
Explore multiple options

Step 4: Make Decision and Implement

Provide accommodation unless undue hardship
Document interactive process and decision
Implement accommodation promptly
Monitor effectiveness and adjust as needed

Step 5: Maintain Confidentiality

Keep all medical information confidential
Store in separate confidential medical file
Limit disclosure to need-to-know basis
Do not discuss employee’s medical condition with coworkers

Employer Obligations in Florida

5.1 Required Workplace Postings

Florida employers must display specific employment law notices in conspicuous locations where employees can readily see them. Both state and federal posting requirements apply.

Florida State Required Postings:

Florida employers must post the following state-mandated notices:

1. Florida Minimum Wage Notice

All employers covered by the Florida Minimum Wage Act must post the official minimum wage notice.

According to Florida Statutes § 448.110(6)(b):

“Each employer shall post a copy of this section or a notice summarizing this section in a conspicuous and accessible place in each establishment where the employees affected work. The notice shall contain information on the state minimum wage, the federal minimum wage, and instructions as to how employees may file complaints with the Agency for Workforce Innovation or other official designated by the Legislature when they have not been paid the minimum wage. In addition to the English language poster, each employer who employs persons whose primary language is Spanish shall display a separate poster in the Spanish language.”

Source: Florida Minimum Wage Act
Citation: Fla. Stat. § 448.110(6)(b)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.110.html

Download poster:
English: https://www.floridajobs.org/docs/default-source/business-growth-and-partnerships/for-employers/posters-and-required-notices/2025-minimum-wage/2025-minimum-wage-poster—english.pdf
Spanish: https://www.floridajobs.org/docs/default-source/business-growth-and-partnerships/for-employers/posters-and-required-notices/2025-minimum-wage/2025-minimum-wage-poster—spanish.pdf
Creole: https://www.floridajobs.org/docs/default-source/business-growth-and-partnerships/for-employers/posters-and-required-notices/2025-minimum-wage/2025-minimum-wage-poster—creole.pdf

Effective: September 30, 2025 – $14.00 per hour poster
Next update: September 30, 2026 – $15.00 per hour poster

2. Unemployment Compensation / Reemployment Assistance Notice

All employers subject to Florida’s Reemployment Assistance Program law must post notice.

Download poster:
https://www.floridajobs.org/docs/default-source/business-growth-and-partnerships/for-employers/posters-and-required-notices/rt-83.pdf

Source: Florida Department of Commerce
Available at: https://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices

3. Workers’ Compensation Notice

Florida law requires employers with workers’ compensation coverage to post notice of coverage.

According to Florida Statutes § 440.40(1):

“Every employer required to secure the payment of compensation under the Workers’ Compensation Law shall post notice in his or her establishment of noncompliance with the Workers’ Compensation Law and the rights of employees and claimants under the Workers’ Compensation Law. Such notice shall be delivered to the employer by the carrier or the self-insurance authorized representative.”

Source: Florida Workers’ Compensation Law
Citation: Fla. Stat. § 440.40(1)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.40.html

Download poster: Available from your workers’ compensation insurance carrier

4. Florida Civil Rights Act / Equal Opportunity Notice

Employers with 15 or more employees must post notice of employee rights under the Florida Civil Rights Act.

Download poster:
https://fchr.myflorida.com/contact

Source: Florida Commission on Human Relations
Website: https://fchr.myflorida.com/

5. Child Labor Law Poster (If Employing Minors)

Employers who employ minors must post notice of child labor law provisions.

According to Florida Statutes § 450.045(2):

“Each employer who employs minors shall post in a conspicuous place on the property or place of employment a notice stating that minors are employed at the establishment and summarizing the provisions of ss. 450.012-450.165.”

Source: Florida Child Labor Law
Citation: Fla. Stat. § 450.045(2)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0450/Sections/0450.045.html

Download poster: Contact Florida Department of Business and Professional Regulation

Federal Required Postings:

All Florida employers must also post the following federal notices:

1. Fair Labor Standards Act (FLSA) Minimum Wage Poster

“Employee Rights Under the Fair Labor Standards Act”

Source: U.S. Department of Labor, Wage and Hour Division
Download: https://www.dol.gov/agencies/whd/posters/flsa
Required for: All employers covered by FLSA

2. Equal Employment Opportunity is the Law

Source: U.S. Equal Employment Opportunity Commission
Download: https://www.eeoc.gov/poster
Required for: Employers with 15+ employees (Title VII, ADA, GINA); 20+ employees (ADEA)

3. Employee Polygraph Protection Act (EPPA)

Source: U.S. Department of Labor, Wage and Hour Division
Download: https://www.dol.gov/agencies/whd/posters/eppa
Required for: Private employers

4. Family and Medical Leave Act (FMLA)

Source: U.S. Department of Labor, Wage and Hour Division
Download: https://www.dol.gov/agencies/whd/posters/fmla
Required for: Employers with 50+ employees within 75 miles

5. Occupational Safety and Health Act (OSHA) – “Job Safety and Health: It’s the Law!”

Source: U.S. Department of Labor, Occupational Safety and Health Administration
Download: https://www.osha.gov/publications/poster
Required for: Private employers

6. Employee Rights Under the National Labor Relations Act

Source: National Labor Relations Board
Download: https://www.nlrb.gov/resources/nlrb-posters
Required for: Private employers (unionized and non-unionized)

7. Uniformed Services Employment and Reemployment Rights Act (USERRA)

Source: U.S. Department of Labor, Veterans’ Employment and Training Service
Download: https://www.dol.gov/agencies/vets/programs/userra/poster
Required for: All employers

8. Employee Rights on Government Contracts (E-Verify / Right to Work)

Required if employer uses E-Verify or is federal contractor.

Source: U.S. Citizenship and Immigration Services
Download: https://www.e-verify.gov/about-e-verify/e-verify-notices-and-resources

Additional Federal Postings (If Applicable):

Federal Contractor Posters:

EEO is the Law Supplement
Pay Transparency Nondiscrimination Provision
Employee Rights Under the Davis-Bacon Act (construction contracts)
Employee Rights on Government Contracts (Service Contract Act)

Source: U.S. Department of Labor, Office of Federal Contract Compliance Programs
Information: https://www.dol.gov/agencies/ofccp/posters

Posting Requirements:

Location: Posters must be displayed in conspicuous locations where employees can easily see them. Common posting locations include:

Break rooms
Time clock areas
Near building entrances
Employee lounges
Payroll offices
Human resources offices

Languages: Employers must post notices in languages spoken by employees if required by specific laws (e.g., Spanish-language Florida minimum wage poster if employing Spanish-speaking workers).

Penalties for Non-Compliance:

Failure to post required notices can result in:

Fines and penalties from state and federal agencies
Loss of legal defenses in discrimination or wage claims
Increased liability in employment litigation
Warnings and citations during agency inspections

For Remote Employees:

While Florida has not issued specific guidance on electronic posting for remote workers, many employers:

Maintain physical posters at any office location
Provide electronic access to all required posters for remote employees
Include posters in employee onboarding materials
Email posters to remote employees
Make posters available on company intranet or employee portal

Free Poster Resources:

All required Florida and federal posters are available for free download from official government websites. Links provided above.

Source: Florida Department of Commerce
Website: https://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices
Verified: January 8, 2026

Source: U.S. Department of Labor
Website: https://www.dol.gov/general/topics/posters
Verified: January 8, 2026

5.2 New Hire Reporting

Florida employers must report all new hires and rehires to the Florida New Hire Reporting Program.

Legal Requirement:

Federal law requires all employers to report newly hired employees to a designated state directory.

Source: Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Citation: 42 U.S.C. § 653a
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653a&num=0&edition=prelim

Florida Implementation:

Florida has established the Florida New Hire Reporting Program to comply with federal requirements and assist with child support enforcement.

Who Must Report:

All employers doing business in Florida, including:

Private businesses
Government agencies
Non-profit organizations
Self-employed individuals with employees
Out-of-state employers with Florida employees

What to Report:

Employers must report:

Employee name
Employee address
Employee Social Security number
Employee date of hire or rehire
Employer name
Employer address
Employer Federal Employer Identification Number (FEIN)

When to Report:

New hires must be reported within 20 days of the employee’s first day of work. Florida encourages reporting within 5 business days for federal contractors.

How to Report:

Online: https://www.fl-newhire.com/ (recommended method)
Fax: 1-888-854-4791
Mail:
Florida New Hire Reporting Center
P.O. Box 6500
Tallahassee, FL 32314-6500

Source: Florida New Hire Reporting Program
Website: https://www.fl-newhire.com/
Customer Service: 1-888-854-4791
Verified: January 8, 2026

Purpose of New Hire Reporting:

New hire reporting assists with:

Child support enforcement
Unemployment insurance fraud detection
Workers’ compensation fraud prevention

Penalties for Non-Compliance:

Employers who fail to report new hires may face:

Civil penalties up to $500 per unreported employee
Additional penalties for conspiracy to avoid reporting

Source: 42 U.S.C. § 653a(h)

5.3 Recordkeeping Requirements

Florida employers must maintain specific employment records as required by state and federal law.

Federal Recordkeeping Requirements:

Fair Labor Standards Act (FLSA) Records:

Employers must keep the following records for at least 3 years:

Employee’s full name and Social Security number
Address, including zip code
Birth date, if younger than 19
Sex and occupation
Time and day of week when employee’s workweek begins
Hours worked each day and total hours worked each workweek
Basis on which employee’s wages are paid
Regular hourly pay rate
Total daily or weekly straight-time earnings
Total overtime earnings for the workweek
All additions to or deductions from the employee’s wages
Total wages paid each pay period
Date of payment and pay period covered by payment

Source: Fair Labor Standards Act
Citation: 29 C.F.R. § 516
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-516
DOL guidance: https://www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping

Additional FLSA Records (Keep 2 years):

Time cards or time records showing daily start and stop times
Wage rate tables
Work and time schedules
Records of additions to or deductions from wages
Dates and amounts of payments

Title VII, ADA, ADEA Records:

Employers must keep personnel and employment records for at least 1 year from date of making the record or from the personnel action involved, whichever is later.

Required records include:

Applications, résumés, and other hiring records
Personnel files
Performance evaluations and disciplinary records
Promotion, demotion, transfer, and termination records
Training and apprenticeship records
Requests for reasonable accommodation and related correspondence
Medical examination records (in separate confidential files)

Source: EEOC Recordkeeping Regulations
Citation: 29 C.F.R. § 1602
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1602
EEOC guidance: https://www.eeoc.gov/employers/recordkeeping

Special Rules:

If a discrimination charge is filed, all relevant records must be preserved until final disposition of the charge or action.

Immigration Records (Form I-9):

Employers must complete and retain Form I-9, Employment Eligibility Verification, for all employees.

Retention Period:

3 years after date of hire, OR
1 year after employment ends
Whichever is later

Source: Immigration and Nationality Act
Citation: 8 U.S.C. § 1324a
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324a&num=0&edition=prelim
USCIS guidance: https://www.uscis.gov/i-9

Family and Medical Leave Act (FMLA) Records:

Covered employers must keep FMLA records for at least 3 years, including:

Basic payroll and identifying employee data
Dates FMLA leave is taken
Hours of FMLA leave taken
Copies of employee notices of leave
Documents describing employee benefits and employer policies
Premium payments for employee benefits
Records of any disputes regarding designation of leave as FMLA leave

Source: FMLA Regulations
Citation: 29 C.F.R. § 825.500
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-C/part-825/subpart-E/section-825.500
DOL guidance: https://www.dol.gov/agencies/whd/fmla

Florida Recordkeeping Requirements:

Minimum Wage Records:

Florida employers must maintain records demonstrating compliance with the Florida minimum wage for at least 3 years.

Source: Florida Minimum Wage Act and incorporation of FLSA recordkeeping standards
Citation: Fla. Stat. § 448.110

Workers’ Compensation Records:

Employers must maintain workers’ compensation insurance documentation and records of workplace injuries.

Source: Florida Workers’ Compensation Law
Citation: Fla. Stat. Chapter 440

Common Recordkeeping Practices:

Organization:

Systematic filing system (paper or electronic)
Separate confidential medical records from personnel files
Keep I-9 forms in separate file from personnel files
Chronological and employee-specific organization

Security:

Limited access to authorized personnel only
Secure storage for physical records
Password protection and encryption for electronic records
Compliance with data privacy requirements

Retention Schedule:

Clear retention schedule based on legal requirements
Documented destruction procedures
Regular audits to ensure compliance

Electronic Records:

Electronic records are legible and accessible
Ability to reproduce records in hard copy if requested
Backup electronic systems regularly
Compliance with specific e-recordkeeping requirements if applicable

5.4 Form I-9 and E-Verify Requirements

All U.S. employers must verify the identity and employment authorization of all employees hired after November 6, 1986.

Federal Form I-9 Requirements:

Who Must Complete Form I-9:

All employers, regardless of size, must complete Form I-9 for:

All employees hired after November 6, 1986
Both U.S. citizens and non-citizens
Full-time, part-time, temporary, and seasonal workers

When to Complete:

Section 1 (Employee Information and Attestation):

Must be completed by employee no later than first day of employment
Employer may provide form before hire (during job offer stage)

Section 2 (Employer Review and Verification):

Must be completed within 3 business days of employee’s first day of work
If employment lasts less than 3 business days, must be completed by first day of employment

Section 3 (Reverification and Rehires):

Complete when re-verifying or rehiring employee

Required Documentation:

Employees must present documents from List A (identity and employment authorization) OR a combination of List B (identity) and List C (employment authorization).

List A Documents (identity AND employment authorization):

U.S. Passport
U.S. Passport Card
Permanent Resident Card (Green Card)
Employment Authorization Document with photograph
Foreign passport with I-551 stamp or I-94

List B Documents (identity only):

Driver’s license or state ID card
School ID with photograph
Voter registration card
U.S. military card or draft record

List C Documents (employment authorization only):

Social Security Card
U.S. birth certificate
Native American tribal document
U.S. Citizen ID Card

Source: U.S. Citizenship and Immigration Services
Form I-9: https://www.uscis.gov/i-9
Handbook for Employers: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274
Verified: January 8, 2026

Florida E-Verify Requirements:

Covered Employers:

According to Florida Statutes § 448.095(2)(b):

“Beginning on July 1, 2023, a private employer with 25 or more employees shall use the E-Verify system to verify a new employee’s employment eligibility as required under paragraph (a).”

Source: Florida Employment Eligibility Verification
Citation: Fla. Stat. § 448.095(2)(b)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.095.html
Effective date: July 1, 2023

E-Verify Enrollment:

Private employers with 25 or more employees must:

Register with E-Verify at https://www.e-verify.gov/
Complete E-Verify training
Verify all new hires within 3 business days of first day of work
Certify compliance annually to Florida Department of Revenue

Certification Requirement:

Employers required to use E-Verify must certify compliance on their first tax return each calendar year.

Source: Fla. Stat. § 448.095(2)(b)(3)
Florida Department of Revenue: https://floridarevenue.com/
E-Verify Certification Form: Available from Florida Department of Revenue

Public Employers and Contractors:

All public agencies in Florida must use E-Verify for all new hires.

All contractors and subcontractors working with public agencies must use E-Verify for all new employees.

Source: Fla. Stat. § 448.095(2)(a) and (d)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.095.html

Exemptions:

Independent contractors and individuals performing casual labor in private residences are not subject to E-Verify requirements.

Source: Fla. Stat. § 448.095(1)(b)

Enforcement and Penalties:

Penalties for Non-Compliance:

Private employers who fail to use E-Verify as required may face:

Investigation by Florida Department of Economic Opportunity or other authorized entities
30-day cure period to achieve compliance
Fine of $1,000 per day for continued non-compliance after cure period
Suspension of business licenses for repeated violations

Source: Fla. Stat. § 448.095(4)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.095.html

Good Faith Defense:

According to Florida Statutes § 448.095(5)(a):

“An employer that uses the E-Verify system or, if that system is unavailable, the Employment Eligibility Verification form (Form I-9) as provided in paragraph (2)(c), with respect to the employment of an unauthorized alien has established a rebuttable presumption that the employer has not violated s. 448.09 with respect to such employment.”

Source: Fla. Stat. § 448.095(5)(a)

E-Verify Resources:

Federal E-Verify Program:
Website: https://www.e-verify.gov/
Employer hotline: 1-888-464-4218
Email: E-Verify@uscis.dhs.gov

Florida Department of Economic Opportunity:
Website: https://www.floridajobs.org/
Information: https://www.fdle.state.fl.us/everify

5.5 Wage Payment Requirements

Florida law does not have extensive statutory wage payment requirements beyond the minimum wage. Federal and common law principles apply.

Frequency of Payment:

Florida does not mandate specific pay frequency. Employers may establish their own payroll schedules:

Weekly
Bi-weekly
Semi-monthly
Monthly

Common Practice: Employers typically establish regular, consistent pay schedules and communicate them to employees in writing.

Method of Payment:

Employers may pay wages by:

Cash
Check
Direct deposit (with employee authorization)
Payroll card (with employee consent)

Wage Deductions:

Permitted Deductions:

Federal and state income tax withholding
Social Security and Medicare taxes (FICA)
Court-ordered garnishments (child support, tax levies, creditor garnishments)
Deductions authorized in writing by employee (health insurance premiums, retirement contributions, parking fees)
Deductions required by state or federal law

Prohibited Deductions:

Deductions that would reduce employee’s wages below the minimum wage are generally prohibited. Employers cannot make deductions for:

Cash register shortages (without written authorization and above minimum wage)
Damaged or lost property (without written authorization and above minimum wage)
Required uniforms or equipment that would reduce wages below minimum wage
Business expenses that benefit employer

Paycheck Deduction Authorization:

Florida law does not have specific written authorization requirements for paycheck deductions. In practice, many employers:

Obtain written authorization before making voluntary deductions
Clearly explain all deductions to employees
Provide itemized wage statements showing all deductions
Maintain records of authorization

Final Paycheck Requirements:

As discussed in Section 2.1.4, Florida requires final wages to be paid on the next regularly scheduled payday.

Wage Theft Protections:

Florida Constitution, Article X, Section 24 provides that employees have the right to be paid the minimum wage and may bring civil action for unpaid wages.

According to Florida Constitution, Article X, Section 24(c):

“An employee who has not received the lawful minimum wage after notifying his or her employer and giving the employer 15 days to resolve any claims for unpaid wages may bring a civil action in a court of law against an employer to recover back wages plus damages and attorney’s fees.”

Source: Florida Constitution
Citation: Fla. Const. Art. X, § 24(c)
Official text: https://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes

Employer Liability:

Employers found liable for intentional minimum wage violations may face:

Back wages owed to employee
Damages equal to amount of unpaid wages
Attorney’s fees and costs
Fine of $1,000 per violation, payable to the state

Pre-Litigation Notice:

Before filing lawsuit for unpaid minimum wage, employee must:

Notify employer in writing of wage claim
Give employer 15 days to resolve claim
If unresolved, may file civil action

Filing Complaints

6.1 When to File a Complaint

Employees may consider filing a complaint when they experience:

Discrimination or harassment based on protected class
Unpaid minimum wage or overtime
Retaliation for exercising workplace rights
Denial of reasonable accommodation
Violation of FMLA leave rights
Unsafe working conditions
Failure to pay wages owed
Whistleblower retaliation

Important Deadlines:

Different types of complaints have different filing deadlines. Missing a deadline can bar your claim permanently.

Filing Deadlines by Type of Complaint

Type of Complaint	Filing Deadline	Agency
Florida Civil Rights Act	365 days	FCHR
Title VII, ADA, ADEA, GINA	300 days	EEOC
FLSA wage/overtime	2 years (3 if willful)	DOL or court
Florida minimum wage	4 years	Court (after 15-day notice)
OSHA safety	30 days	OSHA
Whistleblower retaliation (Fla.)	No specific deadline	Court
FMLA	2 years (3 if willful)	DOL or court

6.2 Florida Commission on Human Relations (FCHR) – Discrimination Claims

When to File with FCHR:

File with FCHR for discrimination claims based on:

Race, color, religion, sex, pregnancy, national origin, age, disability, or marital status
Violations of Florida Civil Rights Act by employers with 15+ employees
Retaliation for opposing discrimination or participating in FCHR proceedings

Filing Deadline: 365 days from the date of the alleged discriminatory act

Source: Fla. Stat. § 760.11(1)
Official text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.11.html

How to File:

Online Filing: https://fchr.myflorida.com/file-a-complaint-page (recommended)

By Mail, Fax, or In Person:

Florida Commission on Human Relations
4075 Esplanade Way, Room 110
Tallahassee, FL 32399

Phone: (850) 488-7082
Toll-Free: 1-800-342-8170
Fax: (850) 487-1007
Email: fchrinfo@fchr.myflorida.com

Office Hours: Monday-Friday, 8:00 AM – 5:00 PM (Eastern Time)

Source: Florida Commission on Human Relations
Website: https://fchr.myflorida.com/contact
Verified: January 8, 2026

What to Include in Complaint:

Your name and contact information
Employer’s name and address
Description of discriminatory act(s)
Dates of discriminatory act(s)
Protected characteristic(s) involved
Witnesses (if any)
Any supporting documentation

FCHR Process:

Step 1: Filing

Submit signed charge of discrimination
FCHR sends notice to employer within 10 days
Employer has 25 days to respond

Step 2: Mediation (Optional)

Free mediation services available
Both parties must agree to participate
Confidential process
Non-binding settlement discussions

Step 3: Investigation (If No Settlement)

FCHR investigates allegations
Interviews witnesses
Reviews documentary evidence
Determines if reasonable cause exists

Step 4: Determination

No Cause: FCHR finds no reasonable cause for discrimination
Cause: FCHR finds reasonable cause that discrimination occurred

Timeline: FCHR aims to complete investigation within 180 days

Source: Fla. Stat. § 760.11(4)
FCHR guidance: https://fchr.myflorida.com/file-a-complaint-page

After Determination:

If No Cause Found:

You receive Notice of Determination: No Cause
You may request reconsideration or file lawsuit in circuit court within 1 year

If Cause Found:

FCHR attempts conciliation
If conciliation fails, you may:
- Request administrative hearing with Division of Administrative Hearings (DOAH)
- File civil action in circuit court

Filing Fee: No fee to file complaint with FCHR

Attorney Representation: Not required but recommended, especially for hearings or litigation

6.3 U.S. Equal Employment Opportunity Commission (EEOC) – Federal Discrimination Claims

When to File with EEOC:

File with EEOC for federal discrimination claims based on:

Title VII: Race, color, religion, sex, national origin, pregnancy
ADEA: Age (40+)
ADA: Disability
GINA: Genetic information
EPA: Sex-based wage discrimination
Federal employment (special process for federal employees)

Filing Deadline: 300 days from the date of discrimination (for Florida, a “deferral state”)

Note: Filing with FCHR automatically cross-files with EEOC and vice versa for charges alleging violations of both state and federal law.

How to File:

Online: https://publicportal.eeoc.gov/Portal/Login.aspx (EEOC Public Portal)

By Appointment or Phone:

EEOC Tampa Field Office
(Serves Central and Southwest Florida)

Tampa City Center
201 East Kennedy Boulevard, Suite 1550
Tampa, FL 33602

Phone: 1-800-669-4000
TTY: 1-800-669-6820
Fax: (813) 228-2841

EEOC Miami District Office
(Serves South Florida)

Miami Tower, Suite 1200
100 SE 2nd Street
Miami, FL 33131

Phone: 1-800-669-4000
TTY: 1-800-669-6820
Fax: (305) 530-7001

Source: U.S. Equal Employment Opportunity Commission
Website: https://www.eeoc.gov/field-office
Filing information: https://www.eeoc.gov/filing-charge-discrimination
Verified: January 8, 2026

EEOC Process:

Step 1: Intake

Contact EEOC (online, phone, or in person)
EEOC conducts interview to gather information
Determines if charge falls under EEOC jurisdiction

Step 2: Charge Filing

Submit formal written charge of discrimination
Sign charge under oath or affirmation
EEOC serves charge on employer

Step 3: Mediation (Optional)

Free mediation program available
Both parties must agree
Confidential process
Non-binding settlement discussions

Step 4: Investigation (If No Settlement)

EEOC investigates allegations
Requests information from employer
May interview witnesses
Reviews evidence

Step 5: Determination

Cause: EEOC finds reasonable cause to believe discrimination occurred
No Cause: EEOC finds no reasonable cause

Step 6: Conciliation (If Cause Found)

EEOC attempts settlement between parties
If successful, case resolved
If unsuccessful, EEOC may file lawsuit or issue Right to Sue notice

Step 7: Right to Sue Notice

EEOC issues Notice of Right to Sue if:
- No cause found
- Conciliation failed
- 180 days have passed without determination
- You request early Right to Sue

Filing Lawsuit:

You have 90 days from receiving Right to Sue notice to file lawsuit in federal or state court
This deadline is strict and cannot be extended

Filing Fee: No fee to file charge with EEOC

6.4 U.S. Department of Labor (DOL) – Wage and Hour Claims

When to File with DOL:

File with DOL Wage and Hour Division for:

Unpaid minimum wage
Unpaid overtime
Misclassification as exempt employee
Tip credit violations
Illegal paycheck deductions
FLSA recordkeeping violations
Child labor violations
FMLA violations

Filing Deadline:

2 years for most FLSA violations
3 years for willful violations
No strict deadline, but delays can affect recovery

How to File:

Online: https://www.dol.gov/agencies/whd/contact/complaints

By Phone or In Person:

DOL Wage and Hour Division – Jacksonville District Office
(Serves Northeast Florida)

400 West Bay Street, Suite 943
Jacksonville, FL 32202

Phone: (904) 357-4780
Fax: (904) 357-4788

DOL Wage and Hour Division – Miami District Office
(Serves South Florida)

200 East Las Olas Boulevard, Suite 780
Fort Lauderdale, FL 33301

Phone: (954) 356-6896
Fax: (954) 356-6892

DOL Wage and Hour Division – Tampa District Office
(Serves Central Florida)

4905 West Laurel Street, Suite 300
Tampa, FL 33607

Phone: (813) 288-1242
Fax: (813) 288-1317

Source: U.S. Department of Labor, Wage and Hour Division
Website: https://www.dol.gov/agencies/whd
Office locations: https://www.dol.gov/agencies/whd/contact/local-offices
Verified: January 8, 2026

DOL Investigation Process:

Step 1: Complaint Intake

File complaint online, by phone, or in person
Provide information about employer and alleged violations
Complaints can be anonymous

Step 2: Investigation

WHD investigator contacts employer
Reviews payroll records, time records, and other documents
Interviews employees
Calculates back wages owed

Step 3: Findings

If violations found, WHD computes back wages owed
WHD attempts to secure voluntary compliance

Step 4: Resolution

Voluntary Compliance: Employer agrees to pay back wages and comply going forward
Litigation: DOL may file lawsuit if employer refuses to comply

Recovery:

Back wages for unpaid minimum wage or overtime
Liquidated damages equal to back wages (double damages)
Civil penalties for willful or repeated violations

Confidentiality: DOL will not disclose your name to employer if you request confidentiality

Alternative – Private Lawsuit:

Instead of or in addition to DOL complaint, you may file private lawsuit in court for:

Back wages
Liquidated damages (equal to back wages)
Attorney’s fees and costs

Note: You cannot recover in both DOL action and private lawsuit for the same violations.

6.5 Occupational Safety and Health Administration (OSHA) – Safety Complaints

When to File with OSHA:

File with OSHA for:

Unsafe working conditions
Lack of required safety equipment
Exposure to hazardous substances
Retaliation for reporting safety concerns
Whistleblower protection violations under federal statutes

How to File:

Online: https://www.osha.gov/workers/file-complaint

By Phone: 1-800-321-OSHA (1-800-321-6742)

In Person or Mail:

OSHA Tampa Area Office
(Serves West Central Florida)

5807 Breckenridge Parkway, Suite A
Tampa, FL 33610

Phone: (813) 626-1177
Fax: (813) 626-7015

OSHA Fort Lauderdale Area Office
(Serves South Florida)

8040 Peters Road, Building H-100
Plantation, FL 33324

Phone: (954) 424-0242
Fax: (954) 424-3073

OSHA Jacksonville Area Office
(Serves Northeast Florida and Panhandle)

9905 Nassau Park Boulevard, Suite 6
Jacksonville, FL 32256

Phone: (904) 232-2895
Fax: (904) 232-1294

Source: Occupational Safety and Health Administration
Website: https://www.osha.gov/
Office locations: https://www.osha.gov/contactus/bystate/FL/areaoffice
Verified: January 8, 2026

OSHA Process:

Safety Complaints:

OSHA evaluates complaint
May conduct on-site inspection
Issues citations for violations
Requires employer to correct hazards

Filing Deadline for Safety: No strict deadline, but file promptly for immediate hazards

Whistleblower/Retaliation Complaints:

File within 30 days of retaliatory action
OSHA investigates
May order reinstatement, back pay, and other relief

Confidentiality: OSHA will keep your name confidential if requested

6.6 Florida Minimum Wage Private Right of Action

Special Procedure for Florida Minimum Wage Claims:

Employees may file lawsuit for unpaid Florida minimum wage under Florida Constitution, Article X, Section 24.

Pre-Lawsuit Requirement:

Before filing lawsuit, employee must:

Send Written Notice to Employer
- Notify employer of claim for unpaid minimum wages
- Specify amount owed
- Provide 15 days for employer to resolve claim
Wait 15 Days
- Employer has 15 days to pay wages claimed or dispute claim
File Lawsuit (if unresolved after 15 days)
- File in Florida circuit court
- Seek back wages, damages, and attorney’s fees

Source: Florida Constitution, Article X, Section 24(c)
Text: “An employee who has not received the lawful minimum wage after notifying his or her employer and giving the employer 15 days to resolve any claims for unpaid wages may bring a civil action in a court of law against an employer to recover back wages plus damages and attorney’s fees.”

Available Remedies:

Back wages (amount of unpaid minimum wage)
Damages equal to amount of back wages
Attorney’s fees and costs
Fine of $1,000 per violation (payable to state, not employee)

Statute of Limitations: 4 years from date of violation

6.7 Information for Filing Effective Complaints

Documentation: Complainants typically keep detailed records of incidents including dates, times, and witnesses. Common documentation includes emails, text messages, other communications, copies of pay stubs, time records, work schedules, photos of unsafe conditions (for OSHA complaints), and written notes of conversations made as soon as possible after they occur.

Timing: Filing complaints as soon as possible after an incident may be beneficial. Delays can affect the investigation and available evidence. Filing before deadlines approach is generally advisable.

Specificity: Effective complaints typically include detailed, factual descriptions of what happened, including dates, times, locations, and people involved. Complaints generally explain how the incident relates to a protected characteristic or legal violation and attach supporting documents.

Accuracy: Providing truthful information is essential. Exaggeration or embellishment can affect credibility. If certain details are not known or remembered, this is typically stated. Agencies and courts assess credibility of complainants.

Cooperation with Investigation: Complainants typically respond promptly to investigator requests, provide additional information when requested, make themselves available for interviews, and maintain a professional demeanor throughout the process.

Legal Representation: Employment law is complex and deadlines are strict. Attorneys can help navigate the process. Many employment attorneys work on contingency (no fee unless recovery obtained). Individuals may choose to consult with legal counsel about their situation.

Retaliation Protections: It is illegal for employers to retaliate against employees who file complaints. Any retaliation should be reported to the agency investigating the complaint. Retaliation is a separate violation that can result in additional damages.

Multiple Filing Options: Individuals may file with both state (FCHR) and federal (EEOC) agencies. Cross-filing often occurs automatically. A private right of action may exist in addition to agency complaints. Legal counsel can provide guidance on filing strategy.

Remote Work in Florida

7.1 Remote Work Legal Framework

Florida does not have specific statutes governing remote work arrangements. Remote work is governed by:

General employment law principles
Employer policies and practices
Employment contracts or agreements
Federal laws applicable to all workplaces
Industry-specific regulations if applicable

Key Legal Considerations:

Wage and Hour Compliance:

Remote employees must be paid at least minimum wage
Non-exempt remote employees entitled to overtime pay
Employers must track hours worked accurately
Compensable time includes all time employee is required to work, even if from home

Workers’ Compensation:

Remote employees are generally covered by workers’ compensation
Injuries arising out of and in the course of employment are covered
Employer should clarify designated workspace and work hours

Workplace Safety:

OSHA requirements apply to remote workspaces
Employer responsible for work-related injuries
Employer should provide ergonomics guidance and safety information

Anti-Discrimination Laws:

All anti-discrimination laws apply to remote employees
Remote work requests may be reasonable accommodation for disability
Employers cannot discriminate in offering or denying remote work opportunities

Privacy and Data Security:

Employer policies on use of company equipment
Data security and confidentiality requirements
Monitoring of remote work (must comply with applicable privacy laws)

7.2 Right to Request Remote Work

Florida Law:

Florida does not have a statute providing employees with a specific legal right to request remote work.

Legislative Search Conducted:

Source: Florida Legislature website
Search URL: https://www.leg.state.fl.us/statutes/
Search terms: “remote work”, “telework”, “work from home”, “flexible work”
Date: January 8, 2026
Result: No Florida statute establishing right to request remote work

Federal Law:

There is no federal law providing a general right to request remote work.

Exception – Reasonable Accommodation:

Under the ADA, remote work may be a reasonable accommodation for employees with disabilities if:

Employee’s disability prevents them from working onsite
Remote work would allow employee to perform essential functions of job
Remote work does not impose undue hardship on employer
Job is suitable for remote performance

Source: EEOC Guidance on Disability Discrimination and Remote Work
Available at: https://www.eeoc.gov/laws/guidance/work-home-and-disability

Employer Discretion:

In Florida, remote work arrangements are generally at employer’s discretion, absent:

Contractual obligation to provide remote work
Collective bargaining agreement provision
Reasonable accommodation requirement under ADA
Agreed-upon arrangement as condition of employment

Common Employer Approaches:

Establish clear remote work policy
Apply policy consistently to avoid discrimination claims
Document business reasons for granting or denying remote work requests
Consider requests for remote work as reasonable accommodation seriously

7.3 Return to Office (RTO) Mandates

Employer’s Right to Require Onsite Work:

Florida’s at-will employment doctrine generally allows employers to:

Require employees to return to office
Change remote work policies
Terminate employees who refuse to comply with RTO mandates

Exceptions:

Employment Contracts: If employee has contract guaranteeing remote work, employer cannot unilaterally change terms.

Reasonable Accommodation: If employee requires remote work as accommodation for disability, employer must:

Engage in interactive process
Provide accommodation unless undue hardship
Cannot force employee to return to office if remote work is required accommodation

Collective Bargaining Agreements: Union contracts may address remote work arrangements and RTO procedures.

Discriminatory Application: Employer cannot apply RTO mandates in discriminatory manner based on protected class.

Legal Risks of RTO Mandates:

Disability Discrimination:

Employees with disabilities may request continued remote work as accommodation
Employer must engage in interactive process before denying request
Blanket denial of all accommodation requests may violate ADA

Other Discrimination:

Disproportionate impact on protected groups (e.g., women with caregiving responsibilities)
Selective enforcement based on protected characteristics

Constructive Discharge:

If RTO mandate makes working conditions intolerable, employee may claim constructive discharge
Florida does not broadly recognize constructive discharge, but may apply in extreme circumstances

Common Employer Practices for RTO:

Provide reasonable advance notice of policy changes
Communicate clear business reasons for RTO
Apply policy consistently
Consider accommodation requests individually
Document decision-making process
Offer flexibility where feasible

7.4 Comprehensive Remote Work Resources

For comprehensive guidance on remote work legal issues, employment practices, and compliance, employees and employers may consult legal resources specific to remote work arrangements.

Remote Work Law Topics:

Tax implications of remote work across state lines
Workers’ compensation coverage for remote employees
Unemployment insurance for remote workers
Multi-state employment considerations
Remote work equipment and reimbursement
Cybersecurity and data protection
Employee monitoring and privacy
Remote work policies and agreements

Note: Remote work legal issues are complex and evolving. Consult with employment attorney for specific guidance on remote work arrangements, disputes, or policy development.

Florida Remote Work Law

2026 Florida Employment Law Updates

8.1 Minimum Wage Increase (September 30, 2026)

Final Scheduled Increase:

On September 30, 2026, Florida’s minimum wage will increase to $15.00 per hour, completing the schedule of increases approved by voters in November 2020.

Source: Florida Constitution, Article X, Section 24
Voter approval: Amendment 2, November 3, 2020
Florida Department of Commerce: https://www.floridajobs.org/

Tipped Employee Wage:

The tipped employee cash wage will be adjusted accordingly. The tip credit amount will be announced by the Florida Department of Commerce prior to September 30, 2026.

Future Annual Adjustments:

Beginning in 2027, Florida’s minimum wage will be adjusted annually for inflation based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) in the South Region.

Source: Fla. Const. Art. X, § 24(d)

Employer Action Items:

Update payroll systems for $15.00 minimum wage effective September 30, 2026
Review and adjust compensation for employees currently earning between $14.00 and $15.00
Display new minimum wage poster beginning September 30, 2026
Consider wage compression issues for employees earning slightly above minimum wage
Budget for future annual inflation adjustments beginning in 2027

8.2 E-Verify Expansion Proposals

Current Law (As of January 8, 2026):

Florida requires private employers with 25 or more employees to use E-Verify for new hires, effective July 1, 2023.

Proposed Legislation (2025 Session):

Multiple bills introduced in the 2025 Florida Legislative Session propose to expand E-Verify requirements:

House Bill 955 / Senate Bill 782 / House Bill 1033:

Would eliminate the 25-employee threshold
Would require ALL private employers in Florida to use E-Verify
Would increase penalties for non-compliance
Proposed effective date: July 1, 2025

Status as of January 8, 2026:

Bills remain in committee review stage. Passage and enactment uncertain.

Source: Florida Legislature
Bill tracking: https://www.flsenate.gov/
Verified: January 8, 2026

Potential Impact:

If enacted, small businesses with fewer than 25 employees would be required to:

Register with E-Verify system
Verify employment eligibility of all new hires through E-Verify
Maintain E-Verify records
Certify annual compliance

Employer Action Items:

Monitor legislative developments
Prepare for potential E-Verify enrollment if expansion passes
Review current I-9 and employment verification procedures
Consider impact on hiring processes and timeline

8.3 No Other Major Legislative Changes in 2026

As of January 8, 2026, no other major changes to Florida employment law have been enacted for 2026.

Areas to Monitor:

Federal Developments:

U.S. Department of Labor overtime rule changes
NLRB decisions affecting independent contractor classification
EEOC guidance on emerging discrimination issues
Federal minimum wage proposals (unlikely to exceed Florida’s $15.00)

State Developments:

Florida Legislature 2026 session (convenes early 2026)
Potential bills addressing workplace issues
Florida agency rule changes and guidance updates
Florida court decisions interpreting employment statutes

8.4 How to Stay Updated on Employment Law Changes

Official Government Resources:

Florida Legislature:

Website: https://www.flsenate.gov/
Bill tracking and legislative updates
Florida Statutes database

Florida Department of Commerce:

Website: https://www.floridajobs.org/
Minimum wage announcements
Required poster updates
Employer resources

Florida Commission on Human Relations:

Website: https://fchr.myflorida.com/
Discrimination law updates
Annual reports and guidance

U.S. Department of Labor:

Website: https://www.dol.gov/
Federal wage and hour updates
OSHA standards and regulations
FMLA guidance

U.S. Equal Employment Opportunity Commission:

Website: https://www.eeoc.gov/
Federal anti-discrimination law updates
Enforcement priorities
Guidance documents

Professional Resources:

Subscribe to employment law newsletters from reputable sources
Attend employer seminars and webinars
Consult with employment law attorney for significant changes
Join employer associations (chamber of commerce, industry groups)
Follow Florida Bar Labor and Employment Law Section

Quarterly Review Recommendation:

Many employers review employment law compliance quarterly to:

Identify new legal requirements
Update policies and procedures
Train managers and HR staff
Ensure workplace posters are current
Address compliance gaps

Documentation of Review:

Maintain records of:

Dates of compliance reviews
Changes implemented
Training provided
Policy updates distributed

Resources

10.1 State Government Agencies

Florida Commission on Human Relations (FCHR)

Enforces Florida Civil Rights Act; investigates discrimination complaints

Address:
4075 Esplanade Way, Room 110
Tallahassee, FL 32399

Phone: (850) 488-7082
Toll-Free: 1-800-342-8170
Fax: (850) 487-1007
Email: fchrinfo@fchr.myflorida.com
Website: https://fchr.myflorida.com/
File Complaint: https://fchr.myflorida.com/file-a-complaint-page

Office Hours: Monday-Friday, 8:00 AM – 5:00 PM (ET)

Florida Department of Commerce

Administers minimum wage, unemployment insurance, workforce programs

Address:
107 East Madison Street
Caldwell Building
Tallahassee, FL 32399

Phone: (850) 245-7105
Website: https://www.floridajobs.org/
Minimum Wage Information: https://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices

Reemployment Assistance: Phone: (833) 352-7759
Website: https://connect.myflorida.com/

Florida Department of Financial Services – Division of Workers’ Compensation

Oversees workers’ compensation system

Address:
200 East Gaines Street
Tallahassee, FL 32399

Phone: (850) 413-1609
Toll-Free: 1-800-342-1741
Website: https://www.myfloridacfo.com/division/wc/

Employee Assistance: 1-800-342-1741

Florida Department of Business and Professional Regulation (DBPR)

Regulates licensed professions; enforces child labor laws

Address:
2601 Blair Stone Road
Tallahassee, FL 32399

Phone: (850) 487-1395
Website: https://www.myfloridalicense.com/

Florida Department of Legal Affairs – Office of the Attorney General

Enforces consumer protection and certain employment laws

Main Office:
PL-01 The Capitol
Tallahassee, FL 32399

Phone: (850) 414-3300
Website: https://www.myfloridalegal.com/

Florida New Hire Reporting Center

New hire reporting program for child support enforcement

Mailing Address:
P.O. Box 6500
Tallahassee, FL 32314-6500

Phone: 1-888-854-4791
Fax: 1-888-854-4791
Website: https://www.fl-newhire.com/

Online Reporting: https://www.fl-newhire.com/

Florida Department of Law Enforcement – E-Verify Information

E-Verify compliance information and enforcement

Website: https://www.fdle.state.fl.us/everify
Phone: (850) 410-7000

10.2 Federal Government Agencies

U.S. Equal Employment Opportunity Commission (EEOC)

Enforces federal anti-discrimination laws; investigates discrimination charges

EEOC Miami District Office
(Serves South Florida)

Miami Tower, Suite 1200
100 SE 2nd Street
Miami, FL 33131

Phone: 1-800-669-4000
TTY: 1-800-669-6820
Fax: (305) 530-7001
Website: https://www.eeoc.gov/field-office/miami/location

EEOC Tampa Field Office
(Serves Central and Southwest Florida)

Tampa City Center
201 East Kennedy Boulevard, Suite 1550
Tampa, FL 33602

Phone: 1-800-669-4000
TTY: 1-800-669-6820
Fax: (813) 228-2841
Website: https://www.eeoc.gov/field-office/tampa/location

National EEOC Contact:

Phone: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov/
File Charge: https://publicportal.eeoc.gov/Portal/Login.aspx

U.S. Department of Labor – Wage and Hour Division (WHD)

Enforces FLSA, FMLA, and other wage and hour laws

Jacksonville District Office
(Serves Northeast Florida)

400 West Bay Street, Suite 943
Jacksonville, FL 32202

Phone: (904) 357-4780
Fax: (904) 357-4788

Miami District Office
(Serves South Florida)

200 East Las Olas Boulevard, Suite 780
Fort Lauderdale, FL 33301

Phone: (954) 356-6896
Fax: (954) 356-6892

Tampa District Office
(Serves Central Florida)

4905 West Laurel Street, Suite 300
Tampa, FL 33607

Phone: (813) 288-1242
Fax: (813) 288-1317

National WHD Contact:

Toll-Free: 1-866-4US-WAGE (1-866-487-9243)
TTY: 1-877-889-5627
Website: https://www.dol.gov/agencies/whd
File Complaint: https://www.dol.gov/agencies/whd/contact/complaints

Occupational Safety and Health Administration (OSHA)

Enforces workplace safety and health standards

Tampa Area Office
(Serves West Central Florida)

5807 Breckenridge Parkway, Suite A
Tampa, FL 33610

Phone: (813) 626-1177
Fax: (813) 626-7015

Fort Lauderdale Area Office
(Serves South Florida)

8040 Peters Road, Building H-100
Plantation, FL 33324

Phone: (954) 424-0242
Fax: (954) 424-3073

Jacksonville Area Office
(Serves Northeast Florida and Panhandle)

9905 Nassau Park Boulevard, Suite 6
Jacksonville, FL 32256

Phone: (904) 232-2895
Fax: (904) 232-1294

National OSHA Contact:

Phone: 1-800-321-OSHA (1-800-321-6742)
TTY: 1-877-889-5627
Website: https://www.osha.gov/
File Complaint: https://www.osha.gov/workers/file-complaint

National Labor Relations Board (NLRB)

Enforces National Labor Relations Act; handles union issues and unfair labor practices

Region 12 (Tampa Office)
(Serves Florida)

201 East Kennedy Boulevard, Suite 530
Tampa, FL 33602

Phone: (813) 228-2641
Fax: (813) 228-2874
Website: https://www.nlrb.gov/region/region-12-tampa

National NLRB:
Phone: 1-844-762-NLRB (1-844-762-6572)
Website: https://www.nlrb.gov/

U.S. Citizenship and Immigration Services (USCIS)

Administers immigration services; manages E-Verify

Miami Field Office

8801 NW 7th Avenue
Miami, FL 33150

National Customer Service:
Phone: 1-800-375-5283
TTY: 1-800-767-1833
Website: https://www.uscis.gov/

E-Verify:
Website: https://www.e-verify.gov/
Phone: 1-888-464-4218
Email: E-Verify@uscis.dhs.gov

U.S. Department of Justice – Civil Rights Division

Enforces employment provisions of ADA and immigration discrimination

Disability Rights Section:
Phone: 1-800-514-0301
TTY: 1-833-610-1264
Website: https://www.ada.gov/

Immigrant and Employee Rights Section:
Worker Hotline: 1-800-255-7688
TTY: 1-800-237-2515
Website: https://www.justice.gov/crt/immigrant-and-employee-rights-section

10.3 Key Publications and Guidance Documents

Florida Resources:

Florida Civil Rights Act of 1992
Full text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html

Florida Minimum Wage Information and Posters
Available at: https://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices

Florida Employment Statutes – Chapter 448
Full text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/0448.html

Florida Workers’ Compensation Law – Chapter 440
Full text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html

Florida Whistleblower’s Act – §§ 448.101-448.105
Full text: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/0448.html

Federal Resources:

EEOC Publications:

“Federal Laws Prohibiting Job Discrimination Questions And Answers”
https://www.eeoc.gov/federal-laws-prohibiting-job-discrimination-questions-and-answers

“What You Should Know About the EEOC and Enforcement Protections for LGBT Workers”
https://www.eeoc.gov/laws/guidance/what-you-should-know-eeoc-and-enforcement-protections-lgbt-workers

“Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the ADA”
https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Department of Labor Publications:

Wage and Hour Division:

“Handy Reference Guide to the Fair Labor Standards Act”
https://www.dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa

“Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees”
https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime

“Fact Sheet #28: The Family and Medical Leave Act”
https://www.dol.gov/agencies/whd/fact-sheets/28-fmla

OSHA Publications:

“All About OSHA”
https://www.osha.gov/sites/default/files/publications/all_about_OSHA.pdf

“Employer Rights and Responsibilities Following an OSHA Inspection”
https://www.osha.gov/employers/responsibilities

USCIS Publications:

“Handbook for Employers (M-274)”
https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274

“E-Verify User Manual for Federal Contractors”
https://www.e-verify.gov/sites/default/files/everify/files/FederalContractorsManual.pdf

10.4 Legal Assistance Resources

Florida Bar Lawyer Referral Service

The Florida Bar is the official organization of all lawyers licensed to practice in Florida, integrated by order of the Florida Supreme Court. The Florida Bar Lawyer Referral Service connects individuals with licensed Florida attorneys.

Phone: 1-800-342-8011
Website: https://www.floridabar.org/public/lrs/
Email: LRS@FloridaBar.org

Services: Attorney referral for employment law matters; 30-minute consultation for $25

Attorney Licensing Verification:
Verify attorney licensing status: https://www.floridabar.org/directories/find-mbr/

Note: The Florida Bar is a public corporation created by the Florida Supreme Court to regulate the practice of law in Florida. It is not a traditional government agency but operates under state supreme court authority.

Legal Aid – Finding Assistance

For free or low-cost legal assistance, contact your local legal aid organization. To find legal aid services in your area:

Florida Courts Self-Help Centers:
Website: https://www.flcourts.gov/Resources-Services/Court-Improvement/Family-Courts/Family-Law-Self-Help-Information
Information on accessing legal assistance and court services

Legal Services Corporation (Federal):
LSC is a federally funded organization that provides funding to legal aid programs.
Website: https://www.lsc.gov/what-legal-aid/find-legal-aid

Contact information for local legal aid offices can be obtained through county bar associations or by calling 2-1-1 (community information helpline).

10.5 Additional Resources

U.S. Small Business Administration (SBA) – Florida District Office

Address:
100 South Biscayne Boulevard, 7th Floor
Miami, FL 33131

Phone: (305) 536-5521
Website: https://www.sba.gov/offices/district/fl/miami

Services: Small business resources, financing, counseling, compliance assistance

10.6 Updates and Monitoring Resources

Official Government Websites to Monitor:

Florida Legislature (for new laws and bills):
https://www.flsenate.gov/

Florida Department of Commerce (for minimum wage updates):
https://www.floridajobs.org/

Florida Commission on Human Relations (for discrimination law updates):
https://fchr.myflorida.com/

U.S. Department of Labor (for federal law changes):
https://www.dol.gov/

U.S. Equal Employment Opportunity Commission (for federal discrimination law):
https://www.eeoc.gov/

Recommended Monitoring Schedule:

Quarterly: Review Florida and federal employment law updates; check for new guidance or regulations

Annually: Review and update workplace posters (especially September 30 for minimum wage); audit employment practices; review employee handbook; verify recordkeeping compliance

As Needed: Monitor pending legislation during Florida legislative sessions (typically January-April); review major court decisions affecting employment law

Frequently Asked Questions - Florida Employment Law

9.1 What is employment law in Florida?

Employment law in Florida is the body of federal and state laws that governs the rights and obligations of employees and employers in the workplace. Florida employment law includes the Florida Civil Rights Act, the Florida Minimum Wage Act, the Florida Private Whistleblower’s Act, and other state statutes, as well as applicable federal laws such as Title VII, the Fair Labor Standards Act, the Americans with Disabilities Act, and others. Employment law covers wage and hour requirements, anti-discrimination protections, workplace safety, employee benefits, hiring and termination practices, and other aspects of the employment relationship.

9.2 What is the difference between labor law and employment law in Florida?

Employment law is the broader legal framework governing individual employee-employer relationships, including wages, discrimination, safety, and benefits. Labor law is a subset of employment law that specifically addresses collective worker-employer relationships, including union organizing, collective bargaining, strikes, and unfair labor practices under the National Labor Relations Act. In Florida, employment law applies to all workplaces, while labor law primarily applies to unionized workplaces or union organizing activities.

9.3 Is Florida an at-will employment state?

Yes, Florida is an at-will employment state. Under the at-will employment doctrine, either the employee or employer may terminate the employment relationship at any time, for any reason, or for no reason, with or without notice. However, there are important exceptions to at-will employment, including statutory anti-discrimination protections, whistleblower protections, employment contracts, and public policy exceptions under specific statutes. Employers cannot terminate employees for reasons prohibited by federal or state law, such as discrimination based on race, sex, age, disability, or other protected characteristics.

9.4 What is the minimum wage in Florida for 2026?

Florida’s minimum wage is $14.00 per hour effective September 30, 2025 through September 29, 2026. On September 30, 2026, the minimum wage will increase to $15.00 per hour. Tipped employees must receive a minimum cash wage of $10.98 per hour (through September 29, 2026) plus tips, with total compensation at least equal to the full minimum wage. Beginning in 2027, Florida’s minimum wage will be adjusted annually for inflation.

Source: Florida Constitution, Article X, Section 24; Florida Department of Commerce
Official poster: https://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices

9.5 Does Florida require overtime pay?

Yes, Florida follows federal overtime requirements under the Fair Labor Standards Act. Non-exempt employees must receive overtime pay at a rate of time and one-half (1.5×) their regular rate for all hours worked over 40 in a workweek. Florida does not have daily overtime requirements. Certain employees are exempt from overtime requirements, including bona fide executive, administrative, professional, computer, and outside sales employees who meet specific salary and duties tests.

Source: Fair Labor Standards Act, 29 U.S.C. § 207
DOL guidance: https://www.dol.gov/agencies/whd/overtime

9.6 What are the meal and rest break requirements in Florida?

Florida does not have state laws requiring employers to provide meal periods or rest breaks to adult employees. Federal law also does not require breaks for adult employees. However, if employers voluntarily provide short breaks of 5-20 minutes, they must be paid. Meal periods of 30 minutes or longer may be unpaid if the employee is completely relieved of duties. Employees under age 18 must receive a 30-minute break after 4 hours of work under Florida’s child labor laws.

Source: Florida Statutes § 450.081 (minors only); U.S. Department of Labor guidance for federal law

9.7 What are my employee rights in Florida?

Florida employees have numerous workplace rights under state and federal law, including the right to be paid at least minimum wage ($14.00/hour through 9/29/26, $15.00/hour beginning 9/30/26), the right to overtime pay for hours over 40 per workweek (if non-exempt), protection from discrimination based on race, color, religion, sex, pregnancy, national origin, age, disability, marital status, and other protected characteristics, the right to a workplace free from harassment and retaliation, the right to reasonable accommodations for disabilities and religious beliefs, the right to file complaints about violations without retaliation, protection under whistleblower laws for reporting illegal activities, the right to take FMLA leave if eligible, and the right to a safe workplace under OSHA standards.

Source: Florida Civil Rights Act (Fla. Stat. §§ 760.01-760.11); Fair Labor Standards Act; Americans with Disabilities Act; Title VII of the Civil Rights Act; other federal and state laws

9.8 Can my employer fire me for any reason in Florida?

Generally yes, because Florida is an at-will employment state. However, your employer cannot fire you for illegal reasons. Illegal reasons for termination include discrimination based on protected characteristics (race, color, religion, sex, pregnancy, national origin, age, disability, marital status, genetic information), retaliation for filing discrimination complaints or participating in investigations, retaliation for reporting illegal activities under whistleblower protection laws, retaliation for filing workers’ compensation claims, exercising rights under FMLA, engaging in protected union activities, or refusing to engage in illegal activities. Additionally, if you have an employment contract specifying termination procedures or requiring “just cause” for termination, your employer must follow the contract terms.

Source: Florida at-will employment doctrine; Florida Civil Rights Act; Florida Private Whistleblower’s Act; various federal statutes

9.9 How do I file a discrimination complaint in Florida?

To file a discrimination complaint based on race, color, religion, sex, pregnancy, national origin, age, disability, or marital status, you can file with the Florida Commission on Human Relations (FCHR) within 365 days of the discriminatory act. File online at https://fchr.myflorida.com/file-a-complaint-page or contact FCHR at 1-800-342-8170. You can also file with the U.S. Equal Employment Opportunity Commission (EEOC) within 300 days by visiting https://www.eeoc.gov/filing-charge-discrimination or calling 1-800-669-4000. Filing with FCHR typically cross-files with EEOC automatically. The agencies will investigate your complaint and attempt resolution through mediation or conciliation. If unsuccessful, you may receive a Notice of Right to Sue allowing you to file a lawsuit in court.

Source: Florida Statutes § 760.11; EEOC regulations; FCHR website

9.10 Can I request remote work as a reasonable accommodation?

Yes, under the Americans with Disabilities Act, remote work may be a reasonable accommodation for employees with disabilities if the employee’s disability prevents them from working onsite and remote work would enable them to perform the essential functions of their job without imposing undue hardship on the employer. To request remote work as an accommodation, notify your employer that you need an adjustment due to a medical condition and request to work remotely. Be prepared to provide medical documentation supporting your need for accommodation. Your employer must engage in an interactive process to determine if remote work is reasonable and feasible. However, remote work is not automatically required; the employer may deny the request if it would impose undue hardship or if the job requires onsite presence as an essential function.

Source: Americans with Disabilities Act, 42 U.S.C. § 12112; EEOC Guidance on Disability and Remote Work

9.11 What are the employer obligations in Florida?

Florida employers have numerous legal obligations, including paying employees at least the Florida minimum wage ($14.00/hour through 9/29/26, then $15.00/hour), paying overtime at 1.5× regular rate for hours over 40 per workweek (non-exempt employees), posting required federal and state workplace notices in conspicuous locations, completing Form I-9 for all new hires within 3 business days, using E-Verify for new hires if employer has 25 or more employees (as of July 1, 2023), reporting new hires to Florida New Hire Reporting Program within 20 days, maintaining accurate payroll and personnel records per federal and state requirements, providing reasonable accommodations for employees with disabilities unless undue hardship, complying with anti-discrimination laws in hiring, promotion, compensation, and termination, maintaining workers’ compensation insurance coverage, responding to unemployment compensation claims, and providing FMLA leave if covered employer (50+ employees within 75 miles).

Source: Florida Statutes; Fair Labor Standards Act; ADA; Title VII; Form I-9 requirements; E-Verify requirements

9.12 What workplace posters are required in Florida?

All Florida employers must display both state and federal workplace posters. Required Florida state posters include the Florida Minimum Wage Notice (updated annually on September 30), Unemployment Compensation/Reemployment Assistance Notice, Workers’ Compensation Notice (from your insurance carrier), and Florida Civil Rights Act/Equal Opportunity Notice (if 15+ employees). Employers of minors must also post the Child Labor Law notice. Required federal posters include Fair Labor Standards Act Minimum Wage Poster, Equal Employment Opportunity is the Law poster, Employee Polygraph Protection Act poster, OSHA “Job Safety and Health” poster, National Labor Relations Act poster, and USERRA poster. FMLA poster is required for employers with 50+ employees. E-Verify notice is required if using E-Verify. All required posters are available for free download from government websites.

Source: Florida Statutes; U.S. Department of Labor; Florida Department of Commerce at https://www.floridajobs.org/; DOL at https://www.dol.gov/general/topics/posters

9.13 What are the record retention requirements for Florida employers?

Florida employers must maintain various employment records for specific time periods. FLSA wage and hour records (employee information, hours worked, wages paid) must be kept for 3 years. Payroll records, time cards, and wage rate tables must be kept for 2 years. Form I-9 must be kept for 3 years after hire or 1 year after employment ends, whichever is later. Personnel records, applications, performance evaluations, and disciplinary records must be kept for at least 1 year under Title VII, ADA, and ADEA. If a discrimination charge is filed, preserve all relevant records until final disposition. FMLA records must be kept for 3 years. EEO-1 reports must be kept for 1 year. Medical records and accommodation documentation must be kept confidential in separate files. Many employers establish comprehensive retention schedules and maintain organized, secure records.

Source: FLSA regulations at 29 C.F.R. § 516; EEOC regulations at 29 C.F.R. § 1602; I-9 retention requirements at 8 U.S.C. § 1324a; FMLA regulations at 29 C.F.R. § 825.500

9.14 Does Florida require paid sick leave?

No, Florida does not have a state law requiring private employers to provide paid sick leave to employees. There is no federal law requiring paid sick leave for private sector employees. Paid sick leave is a matter of employer policy and may be provided voluntarily by employers or required by employment contracts or collective bargaining agreements. However, eligible employees may be entitled to unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA) for serious health conditions. FMLA provides up to 12 weeks of unpaid leave per year for qualifying employees who work for covered employers (50+ employees within 75 miles) and have worked at least 1,250 hours in the previous 12 months.

Source: Legislative search of Florida Statutes (no paid sick leave requirement found); Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.

9.15 What remote work protections exist in Florida?

Florida does not have specific statutes governing remote work arrangements. Remote work is generally at the employer’s discretion, subject to employment contracts and reasonable accommodation requirements. Under the Americans with Disabilities Act, remote work may be required as a reasonable accommodation for employees with disabilities if it would enable them to perform essential job functions without undue hardship. Employers implementing return-to-office mandates must consider accommodation requests and avoid discriminatory application of policies. All employment laws, including wage and hour laws, anti-discrimination protections, and workplace safety requirements, apply to remote employees. Many employers establish clear remote work policies, document business reasons for remote work decisions, and respond to accommodation requests through the interactive process.

Source: Americans with Disabilities Act; EEOC guidance; general employment law principles

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current

Florida Employment Law 2026

⚠️Informational only — not legal or tax advice.

Table of Contents

Introduction

Employment Law Framework in Florida

1.1 At-Will Employment Doctrine

1.2 Labor Law vs. Employment Law

When Each Applies:

1.3 Right-to-Work Status

Employee Rights in Florida

2.1 Wage and Hour Rights

2.1.1 Minimum Wage Requirements

2.1.2 Overtime Requirements

2.1.3 Meal and Rest Break Requirements

2.1.4 Final Paycheck Requirements

2.1.5 Payday Requirements

2.2 Paid Sick Leave

2.3 Summary of Employee Rights

Discrimination Laws in Florida

3.1 Overview of Anti-Discrimination Protections

3.2 Protected Classes Under Florida and Federal Law

3.3 Types of Prohibited Discrimination

3.4 Sexual Harassment

3.5 Enforcement and Remedies

Reasonable Accommodations

4.1 Disability Accommodations Under ADA and Florida Law

4.2 The Interactive Process

4.3 Reasonable Accommodations: Examples

4.4 Undue Hardship Exception

4.5 Religious Accommodations

4.6 Pregnancy Accommodations

4.7 How to Request Accommodations

Employer Obligations in Florida

5.1 Required Workplace Postings

5.2 New Hire Reporting

5.3 Recordkeeping Requirements

5.4 Form I-9 and E-Verify Requirements

5.5 Wage Payment Requirements

Filing Complaints

6.1 When to File a Complaint

6.2 Florida Commission on Human Relations (FCHR) – Discrimination Claims

6.3 U.S. Equal Employment Opportunity Commission (EEOC) – Federal Discrimination Claims

6.4 U.S. Department of Labor (DOL) – Wage and Hour Claims

6.5 Occupational Safety and Health Administration (OSHA) – Safety Complaints

6.6 Florida Minimum Wage Private Right of Action

6.7 Information for Filing Effective Complaints

Remote Work in Florida

7.1 Remote Work Legal Framework

7.2 Right to Request Remote Work

7.3 Return to Office (RTO) Mandates

7.4 Comprehensive Remote Work Resources

2026 Florida Employment Law Updates

8.1 Minimum Wage Increase (September 30, 2026)

8.2 E-Verify Expansion Proposals

8.3 No Other Major Legislative Changes in 2026

8.4 How to Stay Updated on Employment Law Changes

Resources

10.1 State Government Agencies

10.2 Federal Government Agencies

10.3 Key Publications and Guidance Documents

10.4 Legal Assistance Resources

10.5 Additional Resources

10.6 Updates and Monitoring Resources

Frequently Asked Questions - Florida Employment Law

9.1 What is employment law in Florida?

9.2 What is the difference between labor law and employment law in Florida?

9.3 Is Florida an at-will employment state?

9.4 What is the minimum wage in Florida for 2026?

9.5 Does Florida require overtime pay?

9.6 What are the meal and rest break requirements in Florida?

9.7 What are my employee rights in Florida?

9.8 Can my employer fire me for any reason in Florida?

9.9 How do I file a discrimination complaint in Florida?

9.10 Can I request remote work as a reasonable accommodation?

9.11 What are the employer obligations in Florida?

9.12 What workplace posters are required in Florida?

9.13 What are the record retention requirements for Florida employers?

9.14 Does Florida require paid sick leave?

9.15 What remote work protections exist in Florida?

Others