Knowledge — 1 month ago

Florida Labor Laws and Employee Rights in Florida

by Keren P.

Florida Labor Law, Florida Labor Laws

What are the Florida Labor Laws?

The Fair Labor Standards Act (FLSA) is a federal act, which establishes the minimum threshold for employee wage payments across all states in the U.S. It also specifies compensation wage for overtime and remuneration for weekend employment among other standards. Each state can legislate their payment and hour laws as long as the rules are higher than those established by the federal act. In Florida, labor laws are an amalgamation of federal law and the state statutes.

Minimum wage
The state of Florida has legislated that the minimum employment wage should be an hourly rate of $8.46, which is $1.21 more per hour than the federal rate of $7.25 per hour. However, some exceptions exclude employees who are not “covered employees” under the FLSA. These include, but are not limited to – farmworkers on small farms, independent contractors and babysitters. For tipped employees, employers must meet a minimum wage rate of $8.05 per hour when their tips are calculated in combination with their minimum wage hourly rate of $5.23.

Subminimum wage rates might apply to employees with disabilities, apprentices, trainees, learners, and student employees.

For more details, go to - https://www.employmentlawhandbook.com/wage-and-hour-laws/state-wage-and-hour-laws/florida/exemptions/.

Overtime
The FLSA defines a workweek as 40 hours of employment in a recurring cycle of 168 hours, irrespective on which day of the week the period starts. Any time that an employee works for over 40 hours in a workweek entitles him or her to receive a compensation of 1.5 times their hourly rate for the extra hours worked. For exemptions that apply, visit - https://www.employmentlawhandbook.com/federal-employment-and-labor-laws/flsa/overtime-exemptions/

Florida Labor Law
Meal breaks
Employers in Florida are not required by law, to provide a meal break to employees who are 18 years or older. So the default federal rules apply, which stipulate that employers can provide a meal break of 30 minutes or longer. Payment for these breaks is left up to the employer's discretion. If the employer wishes to offer smaller breaks of 20 minutes or under, they have to be paid for those breaks. Employees who are under 18 years, have to receive a minimum 30-minute break for every consecutive 4 hours worked.

Vacation leave
In Florida, employers are not required by law to grant any vacation benefits paid or unpaid to their employees. A company's established policy regarding vacation leave or the terms outlined in an employee's contract will determine if the employee is entitled to receive these benefits. The same rule applies to separation of employment and termination.

 

Holiday leave
Private sector employers can ask their employees to work on holidays and do not have to pay them an overtime rate unless they exceed the mandated 40 hours in a week and qualify for excess payment. Holiday leave, whether compensated or not, should reflect company policy or the employee's contract.

Sick leave
Sick benefits are not mandatory in the state of Florida. The employee is entitled to paid or unpaid sick leave if a company adopts it as policy or agrees to it in terms of the employee’s contract. However, employers may be required to allow employees unpaid sick leave under the Family and Medical Leave Act. For further information on this, visit - https://www.employmentlawhandbook.com/federal-employment-and-labor-laws/fmla/

Florida Labor Laws
State Holidays
State holidays are paid holidays for all public employees only.  If the holiday falls on a Saturday or Sunday, it is observed on the previous Friday or following Monday respectively.

Voting and bereavement leave
Again, employers in the state are not legislated to provide their employees with paid or unpaid leave for voting or bereavement. Employees fall under the purview of their employment agreements or company-practiced policy in such cases.

Child labor laws
The FLSA has stated that children under 14 years are banned from working unless they perform certain types of work. These include but are not limited to – newspaper delivery, acting or performing and being employed in their parent's non-hazardous business. Kids who are 14 to 15 years are permitted to work for a stipulated maximum number of hours. Those in the category of 16 to 17 years can be employed except in industries that the Department of Labor
deems hazardous.

The state of Florida prohibits children 13 years and below from working except in limited circumstances. For more details on Florida’s child labor laws, go to - https://www.employmentlawhandbook.com/wage-and-hour-laws/state-wage-and-hour-laws/florida/child-labor-laws/.

For further details on Florida’s labor laws, including severance pay, jury duty leave, etc. visit -  https://www.employmentlawhandbook.com/wage-and-hour-laws/state-wage-and-hour-laws/florida/#3


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