Complying with Labor Laws

Florida Law

» Child Labor

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.

• Minors under age 16

Outside of school hours, minors 14 and 15 are allowed to work 15 hours a week when school is in session; three hours a day between 7 a.m. and 7 p.m. on school days if school is scheduled the next day; eight hours a day between 7 a.m. and 7 p.m. on days when there isn’t school the next day. During the summer and holidays, minors ages 14 and 15 may work 40 hours a week, eight hours a day, between 7 a.m. and 9 p.m.

• Minors age 16 and older

Children ages 16 and 17 may work 30 hours a week when school is in session; eight hours a day between 6:30 a.m. and 11 p.m. if school is scheduled the next day. When school is not scheduled the next day, minors ages 16 and 17 may work until their shift is done. There are no restrictions on hours during school vacations.

» Workers’ Compensation

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.”

For employers engaged in the construction industry, up to three corporate officers or three members of a limited liability company (LLC) who own at least 10% of the corporation or company may exempt themselves from carrying workers’ compensation coverage.
Agricultural employers who have more than five regular employees and/or 12 or more seasonal workers (employed for at least 30 days) are required to have coverage.

» New Hire Reporting

Employers are required to provide information on all newly hired and rehired full-time and part-time employees within 20 days. This mandate is to comply with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which seeks to expedite collection of child support from parents who change jobs frequently and to locate “deadbeat” parents.

» Minimum Wage

In 2004, Floridians voted for a state constitutional amendment to establish a state minimum wage that increases with inflation. Florida’s minimum wage applies to all employees covered by the federal minimum wage law. For 2008, Florida’s minimum wage is $6.79 an hour; tipped employees who meet the eligibility requirements of the federal Fair Labor Standards Act may be paid a direct wage of $3.77 an hour.

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