Florida employment law overview

by The Brightmine Editorial Team

Florida has a few laws that provide greater protections to employees than federal law, including protection against discrimination based on marital status, a higher minimum wage and health care continuation coverage obligations for smaller employers, and generally follows federal law on topics such as consumer credit checks, overtime pay and occupational safety and health. 

Select Florida employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Florida employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Florida Civil Rights Act prohibits employment discrimination based on protected characteristics, including but not limited to: 

• Race; 
• Color; 
• Religion; 
• Sex; 
• Pregnancy (including childbirth and related medical conditions); 
• National origin; 
• Disability; 
• Age; and 
• Marital status. 

In addition, Florida prohibits discrimination against any individual who: 

• Has or is perceived to have acquired immune deficiency syndrome (AIDS) or human immunodeficiency virus (HIV); or 
• Has the sickle-cell trait. 

Equal pay 

Florida prohibits pay discrimination based on sex for jobs that require equal skill, effort and responsibility and are performed under similar working conditions.  

Differentials in pay are permissible if made under: 

• A seniority system; 
• A merit system; 
• A system that measures earnings by quantity or quality of production; or 
• Any reasonable factor other than sex. 

Pay transparency 

Florida does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

Florida does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights 

Florida does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation 

Florida does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks 

Florida does not have requirements for private employers related to breastfeeding breaks.

Access to personnel files 

Florida law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

Florida employers may not take adverse employment action against an employee because he or she has: 

• Disclosed, or threatened to disclose, to any government agency an activity, policy or practice of the employer that violates a law, rule or regulation, provided that the employee first brought the activity, policy or practice to the attention of a supervisor and gave the employer a reasonable opportunity to correct it; 
• Provided information or testimony in connection with any investigation, hearing or inquiry into an alleged violation of a law, rule or regulation by the employer; or 
• Objected to, or refused to participate in, any activity, policy or practice of the employer that violates a law, rule or regulation. 

Scheduling 

Florida does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Florida employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

Florida has a consumer credit reporting law that is similar to the federal Fair Credit Reporting Act (FCRA). Each restricts an employer’s ability to use employee credit reports or investigative employee consumer reports without a job applicant’s written consent. 

Ban the Box and Fair Chance Laws 

Florida does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

Florida requires private employers with 25 or more employees to use the E-Verify system to verify a new employee’s employment eligibility within three business days after the employee begins working for pay. Every public contractor and subcontractor is also required to use the E-Verify system. 

Wage and hour 

Florida employers may be required to comply with certain wage and hour requirements. 

Minimum wage 

The Florida Minimum Wage Act requires that employers pay nonexempt employees a minimum wage of $14.00 per hour. The minimum wage will increase to $15.00, effective September 30, 2026. Starting January 1, 2028, and every January 1 thereafter, the minimum wage will be adjusted for inflation. A separate minimum wage rate exists for tipped employees and there are exceptions to the state minimum wage rate. 

Overtime 

Florida’s wage and hour law requires covered employers to follow federal law in paying nonexempt employees overtime for every hour worked in excess of 40 hours in a workweek. It also requires overtime for manual laborers who work more than 10 hours in a workday.   

Meal and rest breaks 

In Florida, minors must be provided a meal break of at least 30 minutes if they are: 

• 15 or younger and they work for more than four hours continuously; or 
• 16 or 17 years old and they work for more than four hours continuously and eight hours or more in any one day. 

Child labor 

Child labor laws in Florida restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are prohibited from working in hazardous occupations, which have been specifically designated by law for those 17 and under and those 15 and under. Minors 10 years and younger may not work distributing newspapers. 

When school is in session, 16- and 17-year-olds may not work: 

• Before 6:30 a.m. or after 11:00 p.m. when school is scheduled the following day; 
• More than 30 hours in any week; 
• More than eight hours in any day when school is scheduled the following day; 
• During school hours, unless they are enrolled in a career education program; and 
• More than six consecutive days in a week. 

There are no restrictions during holidays and summer vacations. 

When school is in session, 14- and 15-year-olds may not work: 

• Before 7:00 a.m. or after 7:00 p.m. when school is scheduled the following day; 
• More than 15 hours in any week; 
• More than three hours in any school day, unless they are enrolled in a career education program or unless there is no school the following day; and 
• More than six consecutive days in a week. 

During holidays and summer vacations, 14- and 15-year-olds may not work: 

• Before 7:00 a.m. or after 9:00 p.m.; 
• More than 40 hours in any week; 
• More than eight hours in any day; and 
• More than six consecutive days in a week. 

There are some exceptions to Florida’s hours of work restrictions. 

Minors who work for more than four continuous hours are entitled to meal break of at least 30 minutes. 

Pay and benefits 

Florida employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

An employer may pay employees by: 

• Cash; 
• Check, draft, note, memorandum or other acknowledgment of indebtedness, as long as it is negotiable and payable on demand at an established place of business in the state; 
• Direct deposit into an account at a financial institution of the employee’s choosing, as long as the employee has consented in writing; or 
• Payroll debit card if the cards are negotiable and payable in cash, on demand, without discount at an established place of business in the state, the name and address of which appears in the payroll debit card issuing materials. 

Pay frequency and lag time 

Florida law does not address how often or how soon after the end of each pay period employees must be paid. 

Pay deductions 

An employer may make deductions from an employee’s wages if it receives an income withholding order or writ of garnishment. 

Pay statements 

At the time of each payment of wages, a labor pool must provide each day laborer a written itemized statement showing each deduction made. 

Wage theft 

Florida does not have a wage theft law applicable to private employers. 

Health care continuation 

The Florida Health Insurance Coverage Continuation Act applies to employers with fewer than 20 employees. Florida law allows eligible employees to elect continued coverage for up to 18 months (29 in the case of disability) with a maximum premium of 115 percent of the applicable group rate (150 percent during the 11-month disability extension). 

Temporary disability insurance 

Florida does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Florida employers may be required to follow certain requirements with respect to time off and leaves of absence.  

Family and medical leave 

Florida does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

Florida does not have a state paid sick leave law applicable to private employers.   

Other time off requirements 

Florida has laws related to time off and leaves of absence, including but not limited to: 

• Domestic violence leave; 
• Jury duty leave; 
• Witness leave; 
• Military leave; and 
• Civil Air Patrol leave. 

Health and safety 

Florida employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Florida does not have a federally approved state plan governing occupational safety and health. Therefore, the Occupational Safety and Health Administration has authority over private sector employers in the state.   

Drug and alcohol testing 

Florida employers may conduct drug and alcohol testing in the workplace but are not but are not obligated to do so.  

To qualify for a drug-free workplace program designation and for workers’ compensation premium discounts, an employer must meet certain standards, such as giving notice to job applicants and providing them with the testing procedures, including how to object to the results and explain positive results, prior to testing.  

Smoke-free workplace 

The Florida Clean Indoor Air Act bans smoking, including vaping, in nearly all indoor workplaces. The restrictions apply to indoor areas of workplaces occupied by one or more persons, which are totally or predominantly enclosed. 

Weapons in the workplace 

Under Florida law, an employer generally may not: 

• Prevent or limit employees from lawfully possessing a firearm in a privately owned motor vehicle; 
• Ask an employee whether he or she is carrying a firearm inside a vehicle on the employer’s parking lot; 
• Search vehicles for firearms; and 
• Prevent any employee from entering the employer’s parking lot because the employee’s vehicle contains a legal firearm that is out of sight and is being carried for lawful purposes. 

However, employers and property owners may create weapons policies to limit or prevent individuals and employees from bringing concealed weapons into the physical buildings or company-owned vehicles or onto company premises. 

Safe driving practices 

Florida bans texting while driving, with certain exceptions. 

Organizational exit 

Florida employers may be required to follow certain requirements when employees exit the organization. 

Final pay 

If an employee dies before all wages due have been paid, the employer may pay any amount of wages or travel expenses that are due to the following individuals in the order listed: 

1. Surviving spouse; 
2. Child(ren) over age 18; or 
3. Parent. 

Mass layoffs  

Florida does not have its own version of the federal WARN Act. 

AI in employment 

Florida does not have a law related to AI in employment applicable to private employers.