Employment law covers a variety of topics that typically include workplace discrimination, worker’s compensation, and unemployment benefits, to name a few. Employment disputes are directly impacted by local, federal, and state laws simultaneously. 

A Florida employment attorney has the experience to handle the complex nature of employment law and with work-related cases to protect your rights as a Florida employee.

The Basics of Employee Rights Legislation

There are three primary laws at the federal level, along with state & other federal legislation, that dictate the workplace rights and protections for employees. 

The Fair Labor Standards Act

The FLSA governs those issues stemming from employee wages & overtime hours. 

The Family Medical Leave Act 

The FMLA protects employees who must temporarily leave the job due to certain health-related issues. 

The Occupational Safety and Health Act 

OSHA is the agency responsible for the regulations that ensure work environments are safe and without dangerous conditions.

But note, if state and federal laws cover the same employment issue, the law that takes precedence is the one that provides an employee with the greatest protection. For example, if there are state and federal laws for minimum wage, the law that provides for the highest ‘minimum wage’ will take precedence. 

Employment Law Issue – Discrimination

Discrimination is defined as a prejudicial or unjust treatment against those people with defining characteristics. Workplace discrimination relates to these classes – 

• Age
• Disability
• Race or Color
• Religion
• Genetic Information
• Pregnancy
• National Origin
• Sexual Orientation/Gender Identity
• Sex, among others

Discrimination is almost always unlawful, except in the following types of instances when an employer can require –

• An employee to be a certain age to model a product for children – like a toy.  
• A newly hired employee to be a woman to work in a women’s shelter.
• A person to be of a specific religion when hiring for a religious teacher.

Employment Law Issue – ‘At-Will’ Employment

The Sunshine State is an ‘at-will’ employment state which means that an employee or employer can terminate employment, without advanced warning, at any time. However, even in an ‘at-will’ state, employment termination cannot be based on an unlawful reason. The following example clarifies this point –

Margaret is 55 years old and has just been hired by Widgets Inc., with a contract that notes the employment is ‘at-will.’ A few months later, Margaret receives the news that she is being fired. There is no explanation, and her termination is effective immediately. 

If the firing decision was found to be related to Margaret’s age (for example, internal memos or e-mails reveal these facts), or her job is filled quickly with a younger worker, it is likely that Widgets Inc. illegally terminated Margaret. 

On the other hand, if Widget’s revenue has dropped and the economic event triggered a lay-off, the termination would be considered lawful (based on the company’s financials and falling profits) if the basis of the decision is independent of Margaret’s age or any of the above-noted protected classes. 

Employment Law Issue – Harassment

Workplace harassment is a type of employment discrimination and thus illegal – not just under Florida law, but federally as well. Harassment conduct generally falls into two categories –

• Quid Pro Quo – Latin for ‘this is that.’ This occurs when a manager/supervisor asks for sexual favors in return for a promised raise or promotion, etc. As a result, employment decisions have been based on one’s agreement to the sexual favor, not their performance as an employee, which clearly denotes discrimination.
• A Hostile Work Environment – this refers to unwanted, recurring conduct that creates discomfort for employees. 

These are the federal laws that apply to harassment –

• Title VII – a civil rights law, enacted in 1964 prohibiting discrimination based on religion, race, sex, color, and national origin. 
• Americans with Disabilities Act – often noted as the ADA, this law protects those with a physical or mental disability.
• Age Discrimination in Employment Act – a law that protects workers who are 40 years of age or older.

At the state level, employers must not violate the FCRA – the Florida Civil Rights Act, state legislation that prohibits employers from discriminating based on race, color, age, sex, religion, national origin, marital status, or handicap. A court may eventually rule in favor of the plaintiff and order back pay, punitive and compensatory damages. Note punitive damages are capped at $100,000, but compensatory damages have no maximum limit. 

Employment Law Issue – The Family and Medical Leave Act

The Family & Medical Leave Act is the legislation that protects employees and provides for up to 12 weeks of unpaid leave each year. FMLA applies to –

• An immediate family member’s care.
• The birth or aftercare of a newborn baby.
• The adoption or the placement of a child into foster care.
• One’s inability to perform work duties to a serious health condition.

Employment Law Issue – Minimum Wage Disputes

Disputes about minimum wage are common in the employment law arena in Florida and across the country. The US Department of Labor (DOL) is the federal agency that sets minimum wage, which is currently at $7.25 hourly. This specific statute is found in the Fair Labor Standards Act (FLSA). Note that states can, and do, choose to independently and set a higher minimum hourly wage for workers employed within that jurisdiction.

In addition, employers are not allowed to deduct expenses from an employee’s wages that are related to business operations. Examples of illegal deductions would include spills at work or cash register shortages, to name a few. 

In 2020, the voters in the Sunshine State narrowly passed constitutional Amendment 2 (which needs a supermajority of 60%). This amendment triggered a rise in the Florida minimum wage to $10 in September 2020. Note that the state’s minimum wage will rise to $1 per year until 2026 where it will reach and remain $15/hour in perpetuity.

Unpaid wages are typically the basis of a minimum wage damage claim or lawsuit. Damages for wage disputes may include the reimbursement for the full value of the wages plus liquidated damages according to the FLSA. Liquidated damages are punitive in nature and may allow up to twice the damages in the original wage/hour claim. 

Employment Law Issue – Compensation Conflicts

Compensation conflicts are one of the most common types of cases handled by a Florida employment lawyer. These conflicts arise when an employer deducts the wages of an employee for disallowance excuses that may include –

• Punishment for an employee’s mistakes/misconduct.
• Working unapproved overtime or “off the clock” without pay.
• Not taking time allowed for lunch/breaks, but the employer still deducts the time from wages.
• Retaliation for reporting a supervisor or other employee’s misconduct.

The FLSA protects employees regarding due wages. Employers must comply with FLSA criteria denoted for wages, overtime breaks & leave.

Protecting Florida’s Senior Workforce

Florida’s senior population is one of the largest in the nation, with an above-average number of seniors working past typical retirement age. As such, age discrimination happens more often in the Sunshine State than the national average. The state’s Civil Rights Act and the Age Discrimination in Employment Act combine to protect workers against age discrimination at work in Florida. 

Employment Law Issue – Collecting Unemployment Benefits in Florida

The Department of Economic Opportunity’s Reemployment Assistance Program is the state agency assisting qualified, unemployed workers who have recently lost their job (laid off or terminated) and are in financial trouble. The criteria for this short-term benefit include –

• The applicant’s job was terminated but was of no fault of theirs – i.e., the employee cannot have quit or been fired for misconduct. 
• The applicant must be partially or completely unemployed. 
• The applicant must have earned a minimum wage amount (currently at $3,400) during the defined ‘base period’ – four quarters that happened during the 18 months before the filing of the unemployment claim.
• The applicant must be able & willing to work. 
• The applicant must also be actively searching for employment while receiving unemployment benefits.

The calculation of unemployed benefits is based on the sum of the total gross earnings (i.e., before tax deductions) from the highest-paid base quarter, divided by 26. For example, if the base period earnings were $6,980, your benefits would be about $241.50 per week ($6,280 ÷ 26 ≈ $268.46). The minimum payment in Florida is $32 per week, and the maximum unemployment benefit is $275 per week.

Employment Law Issue – Salary Misclassification

A salary misclassification employment law issue occurs when an employer claims an employee is exempt from earning overtime when, in fact, the opposite is true. Typically, contractors are the only workers who fall into the exempt classification, although that is not a hard and fast rule. The following guides are helpful in determining an employee’s correct classification –

• Workers performing manual labor are typically NOT included in the exempt status. Note, contrary to popular opinion, being a salaried employee does not alone determine one’s status as exempt. The final determination is based on the work performed by the employee. 
• Exempt employees must perform duties within the exempt status and be salaried. If an employee is working at a job that falls within an exempt status but is paid an hourly rate, this conflict could effectively destroy the exemption. Ultimately, this would change the employee status, with the employee entitled to overtime wages. 
• An employee is given a managerial title, but the position has no supervisory oversight or authority. According to the DOL, exempt executive employees must consistently supervise two or more full-time workers. 
• Employees who handle sales (i.e., earn commissions) from the corporate office would not be classified as outside sales employees simply on the fact their wages are generated by sales commissions.

Employment Law Issue – Wrongful Termination

This type of employment law issue happens when an employer fires a worker for wrong or unlawful reasons. Employers have a right to let go of an employee who has underperformed consistently, calls in sick, or arrives to work late an inordinate number of times, but an employee cannot be fired based solely on these protected classes –

• Race
• Creed
• Nationality
• Religion
• Gender
• Color
• Sexual orientation

In addition, it is essential to note that an employer can’t fire an employee because the employee –

• Has reported an incident at work to authorities or upper management.
• Refused to commit a criminal act requested by a superior.
• Claimed rights under the Family and Medical Leave Act.
• Asked for time off to vote or to serve as a juror.
• Participated in military service.

Would You Like to Consult With A Florida Employment Lawyer?

Workers who have faced any of the employment law issues noted above may have a legitimate employment law claim. If you think you have been at the receiving end of an employer’s violation of a state or federal law, reach out to an experienced Florida employment lawyer for a case review. A review of your case facts will determine the potential legal actions available to you.