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Florida employment law is essential for employees and employers

On Behalf of | Sep 27, 2022 | Employment Law

Every state has employment laws and statutes. Florida has some that are specific to the state. In general, all employment laws concentrate on the relationship between the employer and the employee and those laws are designed to create a positive working atmosphere that is fair for both sides. It is important for both employers and workers to become familiar with the laws and statutes.

Laws about minimum wage

Florida’s minimum wage laws apply to hourly and tipped employees. The state government created a formula that is affixed to the state’s consumer price index. If any changes are to be made to the minimum wage in any given year, they must be established by September 30 of the previous year and they will then take effect on January 1st of the following year.

When it comes to tipped employees, the laws in Florida allow tips and gratuities to be pooled. In other words, it is up to the employer to create a policy that makes sharing tips and gratuities mandatory. If the employer creates that policy, the employees will not be allowed to collect tips and gratuities individually. There are existing guidelines, which include eligibility criteria, which were written by the state of Florida. Those guidelines define which employees qualify to pool tips and gratuities and which ones are not allowed to do that.

Overtime regulations

Florida does not have an official definition of what is overtime and how to deal with it. The state considers two categories of employees: exempt and non-exempt. Exempt employees are salaried and do not qualify for overtime pay and non-exempt employees are paid hourly and do qualify for overtime pay. In 2016, however, Florida introduced some revisions and exempt employees qualify for overtime  pay under certain circumstances.

Vacation leave

When it comes to vacation leave, Florida does not have any state-specific rules that obligate the employer to take certain actions. However, vacation leave is generally a part of the benefits package that is negotiated when the employee is about to become a permanent part of the organization.

Sick leave

Just as it is with vacation leave, there are no state-specific rules for sick leave in Florida. However, it is commonly included as part of the benefits package for the employee before they accept a position with the company. Interestingly, although Florida does not mandate a specific laws, the employers are responsible for adhering to the Family and Medical Leave Act, which is a federal law. FMLA gives eligible employees up to twelve weeks of unpaid leave in a year in which their position will be held for them.

Sound advice from a Florida employment law attorney

If you are having employment issues and you feel that you are being treated unfairly, it is valuable to consult with a Florida employment attorney, who can make sure that you understand and protect your rights so that you get what you deserve. The attorney can help you to fight for your rights and ensure that no laws are violated on the state or federal level.