Best Employment & Labor Lawyers in Florida

About Employment & Labor Law in Florida, United States

Employment and labor law in Florida governs the relationship between employers and employees, covering everything from hiring and wages to workplace safety and termination. These laws are designed to protect the rights of employees and ensure that workplaces operate fairly and efficiently. In Florida, employment law combines federal laws, state statutes, and administrative regulations unique to the state. Understanding these layers of rules is important for both employees and employers to avoid disputes and ensure compliance with the law.

Why You May Need a Lawyer

There are many situations in Florida where you may need the help of a qualified employment and labor lawyer. Some common reasons include:

• Wrongful termination or unfair dismissal
• Workplace discrimination or harassment based on race, gender, age, disability, religion, or other protected categories
• Unpaid wages, overtime, or issues with paychecks
• Concerns about workplace safety and health
• Retaliation for whistleblowing or for exercising your legal rights
• Negotiating employment contracts, severance packages, or non-compete agreements
• Handling family and medical leave disputes
• Union rights and collective bargaining matters

An employment lawyer can help explain your rights, represent you in negotiations, and pursue legal action if necessary.

Local Laws Overview

Florida law has unique features that impact the employer-employee relationship:

• At-Will Employment: Most employment in Florida is considered at-will, which means employers can terminate employees at any time for any reason, except for illegal reasons such as discrimination or retaliation.
• Minimum Wage: Florida’s minimum wage is higher than the federal minimum wage and is adjusted annually due to a state constitutional amendment. Employers must pay the higher state rate.
• Overtime: Federal law requires overtime pay for non-exempt employees who work more than 40 hours per week. Florida does not have its own overtime law, so the federal Fair Labor Standards Act applies.
• Discrimination: Florida law protects workers from discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.
• Workplace Safety: The federal Occupational Safety and Health Administration (OSHA) regulates workplace safety in Florida. The state does not have its own health and safety program.
• Unemployment and Workers’ Compensation: Florida law provides unemployment benefits to eligible workers who lose their jobs through no fault of their own and workers’ compensation for employees injured on the job.
• Non-Compete and Employment Agreements: Florida courts will enforce non-compete agreements if they are reasonable in time, area, and scope.
• Family and Medical Leave: Florida does not have its own family and medical leave law. Eligibility for leave often depends on federal law requirements.

Frequently Asked Questions

Is Florida an at-will employment state?

Yes, in Florida, most employment is at-will. This means either the employer or employee can end the employment relationship at any time for any reason that is not illegal.

What is the minimum wage in Florida?

As of 2024, Florida’s minimum wage is higher than the federal rate and is subject to annual increases based on inflation. Employers are required to pay the state minimum wage.

Does Florida law require overtime pay?

Florida does not have its own overtime statute. The federal Fair Labor Standards Act requires overtime pay for hours worked over 40 in a workweek for most non-exempt employees.

Can I be fired for any reason in Florida?

Generally yes, due to at-will employment, but employers cannot fire employees for illegal reasons such as discrimination or retaliation.

What protections exist against workplace discrimination in Florida?

Employees are protected against discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status under Florida law and federal law.

How do I file a complaint for discrimination or harassment at work?

You may file a complaint with the Florida Commission on Human Relations or the federal Equal Employment Opportunity Commission, depending on the nature of your claim.

What should I do if I am not paid for my work in Florida?

First, try resolving the issue with your employer. If unsuccessful, contact the Florida Department of Economic Opportunity or the U.S. Department of Labor for assistance.

Does Florida have a state family and medical leave law?

No, Florida does not have a separate state law. The federal Family and Medical Leave Act provides certain employees with up to 12 weeks of unpaid, job-protected leave per year.

Are non-compete agreements enforceable in Florida?

Yes, courts in Florida generally enforce reasonable non-compete agreements that are limited in time, area, and protect legitimate business interests.

What rights do I have if I am injured at work?

Employees are typically covered by Florida’s workers’ compensation system, which can provide medical care and wage replacement for work-related injuries or illnesses.

Additional Resources

If you need help or more information about employment and labor law in Florida, consider reaching out to the following organizations:

• Florida Commission on Human Relations
• Florida Department of Economic Opportunity
• U.S. Department of Labor (Wage and Hour Division)
• Florida Bar Association - Labor and Employment Law Section
• Equal Employment Opportunity Commission (EEOC)
• Occupational Safety and Health Administration (OSHA)
• Local legal aid organizations

Next Steps

If you believe your employment rights have been violated or you need advice regarding your workplace situation, consider the following steps:

• Document all relevant events, communications, and evidence related to your employment issue
• Review your employee handbook or employment agreement for applicable company policies
• Attempt to resolve minor disputes by speaking with your supervisor or human resources department
• Seek assistance from state or federal agencies as needed
• Contact an experienced employment lawyer to discuss your rights and legal options

Being proactive and informed can help protect your rights and lead to a fair resolution of your employment and labor law concerns in Florida.