Management’s Guide to Florida Employment Laws and Processes

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Florida largely follows federal employment laws, but under certain circumstances, Florida law provides greater protections to employees over and above its federal counterparts. This guide will highlight a few of these crucial variances to assist Florida employers in ensuring state law compliance and to provide an overview of state-level enforcement of the Sunshine State’s employment laws.

Minimum Wage

Florida’s minimum wage requirement has been increasing incrementally since 2021. As of September 30, 2024, non-tipped employees must be paid $13.00 per hour, and  for tipped employees, a direct hourly wage of $9.98. These requirements are set to increase on September 30, 2025 to $14.00 and $10.98, respectively. The final annual increase will take place on September 30, 2026, increasing the minimum wage to $15.00 for non-tipped employees and $11.98 for tipped employees. In 2027 and annually thereafter, the minimum wage requirements will be adjusted as necessary to account for inflation. Florida employers should evaluate and adjust their payroll practices in advance of the upcoming minimum wage increases to maintain wage and hour compliance.

Employee Leave

In addition to federally required leaves of absence, Florida law requires private employers to provide leave for jury duty, court witness service, military service, civil air patrol (15 or more employees), and domestic violence victims (50 or more employees). Additionally, beyond the FMLA, Miami-Dade County has enacted an ordinance to provide employees an alternative means to obtain and exercise family medical leave. Closely monitoring state law for amendments and frequent review of employee handbooks are vital measures to ensure policies and practices accurately reflect any differences between federal and Florida employment laws. Employers with employees in multiple states may also consider creating state law addendums to their handbooks, outlining an employee’s state law rights.

Florida Civil Rights Act of 1992

The Florida Civil Rights Act (“FCRA”) works alongside the federal anti-discrimination statutes and promotes equal opportunity in employment, housing, education, labor organizations, and public accommodations. The FCRA prohibits discrimination and retaliation based on numerous protected traits, including: race, color, religion, sex, national origin, age, disability, marital status, and familial status. The FCRA also prohibits employment discrimination against individuals with the sickle cell trait and individuals who have or are perceived to have HIV, AIDS, or AIDS-related complex. The FCRA does not yet protect employees from discrimination based on sexual orientation or gender identity. However, many Florida municipalities have enacted ordinances to broaden the scope of unlawful sex discrimination to include sexual orientation, gender identity, and in some cities, gender expression, including, for example, Tampa, Tallahassee, Orlando, Miami, Jacksonville, and Gainesville.

The Florida Commission on Human Relations

The Florida Commission on Human Relations (“FCHR”) is a state agency tasked with enforcing the Sunshine State’s anti-discrimination laws. The FCHR operates similarly to the Equal Employment Opportunity Commission (“EEOC”), including processing, investigating, and making determinations for administrative charges. In fact, the FCHR has a work-sharing agreement with the EEOC, which means individuals may file a charge of discrimination with either the FCHR or EEOC or both entities. Individuals frequently bring claims under both the FCRA and the applicable federal statute (e.g., Title VII, the ADA, etc.) because the FCRA provides more flexibility in recoverable damages. For example, Title VII caps compensatory and punitive damages based on the size of the employer. Under the FCRA, punitive damages are capped at $100,000.00 for private employees, but there is no cap on compensatory damages.

Outside of damages, the applicable statute of limitations is the most striking difference in filing a charge of discrimination with the FCHR as compared to filing with the EEOC. For charges filed solely with the FCHR, the claimant has 365 days from the alleged violation to file a charge, which is more than double the 180-day period to file an EEOC charge. Often times, however, an individual may dual-file a charge with the FCHR and EEOC in which case the applicable limitations period is 300 days from the alleged unlawful act or practice. Thus, on receipt of a charge of discrimination, it is paramount that Florida employers first identify the appropriate limitations period to determine whether some or all allegations are time-barred.

Maynard Nexsen’s Employment & Labor team monitors Florida law for changes and can assist with employee handbook updates and handling charges filed with the FCHR and/or EEOC.