Complying with Labor Laws
Florida and federal government have workforce rules.
Florida Dept. of Business
Florida New Hire
Florida Dept. of Financial
Services, Division of Workers’
U.S. Department of Labor,
Wage and Hour Division
U.S. Equal Employment
U.S. Department of
Justice: Americans with
U.S. Dept. of Labor
Occupational Safety and Health Administration
The law applies to workers under 18. They cannot work in hazardous occupations such as firefighting, excavation, electrical work, roofing, mining, operating heavy machinery or moving vehicles, or around explosives or dangerous equipment. There are additional occupations banned for children ages 14 and 15. Minors cannot work during school hours without an exemption.
Florida law requires employers that are not in the construction industry and have four or more employees, either full-time or part-time, to have workers’ compensation coverage for their employees. In the construction industry, workers’ compensation coverage is required when there is one or more full-time or part-time employees. Unless exempt, corporate officers are included in the definition of “employee.”
New Hire Reporting
Employers are required to provide information on all newly hired and rehired full-time and part-time employees within 20 days.
Florida’s minimum wage applies to all employees covered by the federal minimum wage law. For 2009, Florida’s minimum wage is $7.21 an hour. On July 24, 2009, the federal minimum wage will increase to $7.25. It will apply to Florida employees. Tipped employees who meet the eligibility requirements of the federal Fair Labor Standards Act may be paid a direct wage of $4.19 an hour.
Equal Opportunity Laws
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit employment discrimination on the basis of an individual’s race, color, religion, sex, national origin, age or disability.
» Age Discrimination in Employment Act of 1967
» Equal Pay Act of 1963
» Americans with Disabilities Act
Labor Department Laws
The U.S. Department of Labor oversees many employment laws.
» Fair Labor Standards Act
The Fair Labor Standards Act requires payment of the minimum wage and overtime pay of not less than one-and-one-half times the regular pay rate after 40 hours of work. It restricts employment of children under age 16 and forbids employers from hiring children under age 18 for certain dangerous jobs.
» Family and Medical Leave Act
The law, which applies to businesses with 50 or more employees, gives certain employees up to 12 weeks of unpaid, job-protected leave per year while preserving their health benefits during the period.
» Occupational Safety and
Health Act of 1970
Federal law requires businesses to provide a safe workplace and, in many cases, maintain records of job-related injuries and illnesses. Employers with 10 or fewer employees are exempt from most requirements of the recordkeeping rule.