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Plan It: 7 steps to setting up your business
Structure • Name • Location • Permits and Licenses • Labor Law • Taxes • Business Plan • Online Businesses
STEP 5
Obey the Law
Business owners must abide by numerous federal and state laws related to employee health, wages, safety and fair treatment. These are briefly summarized below with websites to visit for additional information.
Federal Labor Laws
Employment Eligibility Verification requires companies to pay at least the federal minimum wage ($7.25 per hour) and overtime pay of not less than one-and-one-half times the regular pay rate after 40 hours of work per week; also sets standards for types of jobs and hours/times teenagers may work. www.dol.gov
Occupational Safety and Health laws require businesses to provide a safe workplace and, in many cases, to maintain records of job-related injuries and illnesses. www.osha.gov
The Americans with Disabilities Act prohibits employment discrimination against qualified individuals with disabilities and requires that public accommodations and commercial facilities be designed to comply with specified accessibility standards. www.ada.gov
Family and Medical Leave requires businesses employing 50 or more to give certain employees up to 12 weeks of unpaid, job-protected leave per year (26 weeks for qualifying military caregivers) while preserving their health benefits during the period. www.dol.gov/whd/fmla
The U.S. Equal Employment Opportunity Commission enforces federal employment laws that protect civil rights and prohibit discrimination based on age, disability, gender, race, religion or sexual orientation including the Equal Pay Act, which prohibits wage discrimination between men and women performing substantially equal work within the same workplace. www.eeoc.gov
The Affordable Care Act requires all employers who provide self-insured health coverage to their employees file an annual return with the IRS detailing certain information for each employee they cover. To learn more about specific options and eligibility for possible tax credits, visit www.healthcare.gov or www.irs.gov/affordable-care-act/employers.
ENVIRONMENTAL PERMITS Required for any business that is an actual or potential polluting source; one-time construction permits and renewable operating permits are also required. Permitting is mandated for such activities as dredge and fill, stormwater construction, water treatment and sewage treatment. Apply through the Florida Department of Environmental Protection.
State Labor Laws
New Hires Requires employers to complete a New Hire Reporting Form for every newly hired or rehired employee, full- or part-time, within 20 days. www.fl-newhire.com
Minimum Wage The 2018 Florida minimum wage is $8.25 per hour; for tipped employees, it’s $5.23 per hour.
Workers’ Compensation Employers with four or more employees (full- or part-time) must carry workers’ compensation coverage for their employees; different requirements apply for construction and agriculture. www.myfloridacfo.com/division/wc
Child Labor Workers under age 18 cannot work in hazardous occupations such as excavation, electrical work, roofing, mining, operating heavy machinery or motor vehicles, or around explosives, toxic or radioactive substances or dangerous equipment. Additional occupations are banned for children ages 14-15. Minors cannot work during school hours without an exemption.
Background Checks Private citizens or companies may request a state-only criminal history record check of an individual through the Florida Department of Law Enforcement website for a fee of $24 per case. www.fdle.state.fl.us