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What Are Florida’s Employment Laws?

Written on November 21, 2019

In general, Florida’s employment laws encompass all the statutes, case precedent, administrative regulations, and other legal matters related to the employer-employee relationship. The sources may be federal or state governments, as well as county, municipal, and local bodies. Therefore, if you’re a business owner conducting operations in the state and you hire employees, you need to have in-depth knowledge about a wide range of legal requirements for your company as an employer. 

Because it’s extremely difficult to take on these burdens – and operate a successful business at the same time – it’s important to work with a Clearwater employment law attorney. An overview of some of the basic legal issues may also be helpful.

Minimum Wage and Overtime in Florida:

Though the federal minimum wage is $7.25 per hour, US laws allow states to fix a higher amount. Florida’s minimum wage is $8.46 for 2019, and it’s adjusted annually according to a statutory formula. If you own a company that employs tipped workers, there are complicated rules that apply. An employment law attorney can ensure you’re complying with your duties as an employer.

There are no regulations regarding overtime at the state level since Florida follows the requirements implemented by the federal government. In summary, all non-exempt employees must be paid 1.5 times their normal wage rate for the time they work per week in excess of 40 hours. Employers do NOT need to pay overtime to exempt employees, such as executives and professionals.

Florida’s Workers Compensation Laws:

Any business that employs four or more workers is required by statute to carry worker’s compensation insurance. If one of your employees is injured in a workplace accident or contracts an occupational illness because of job conditions, they file an insurance claim to obtain monetary benefits for their losses. A workers’ compensation claim is the sole remedy for your workers in most cases. However, there are exceptions that could still expose your company interests, so it’s still critical to keep a reasonably safe work environment for employees.

Discrimination and Harassment in the Workplace:

Florida is an at-will state for employment purposes, so you can terminate a worker for any reason – unless that reason is on account of his or her:

  • Race, ethnicity, or national origin;
  • Religion;
  • Sex;
  • Disability;
  • Age; or,
  • Any other characteristics that are protected by federal and state law.

In addition, it’s not just termination that’s prohibited by discrimination and sexual harassment laws. Any adverse action based on the above items is actionable, as is allowing conduct that creates a hostile work environment. It’s essential for Florida employers to establish policies regarding these issues, as well as take quick action in the event of disputes.

Trust a Clearwater, FL Employment Law Attorney to Protect Your Interests

At Clearwater Business Law, our team has extensive experience working with employers in Pinellas County, FL in regards to many different employment law matters. To learn more about the legal requirements, please call (727) 785-5100 today to schedule a consultation. We can explain the relevant issues and describe how they apply to your company.


I strongly endorse Andrew Mongelluzzi. He is a very skilled and able business attorney focused on customer service and results. On the front end, Andrew deftly advises new businesses on organizing properly, acquiring necessary licenses, contracting with vendors & customers, and dealing with various compliance issues that may arise. On the back end when things go south, Andrew counsels and navigates businesses through complex commercial disputes and aggressively represents them in negotiations, mediation, arbitration, and in litigation so that businesses can legally move on and get back to business. Andrew’s ability to identify legal issues and approaches to resolve business-related issues is a strength that I have learned from and professionally relied upon in approaching the business matters and cases that I handle. I regularly refer business to Andrew knowing that he will diligently represent his business clients and their best interests.
Relationship: worked together on matter

- Frank N. Genco, Florida Bar No. 440086

Attorney Mongelluzzi and his team provided excellent and quality service. I always felt that my needs were met and that the firm was invested in me and my case. The quality services I received at Mongelluzzi’s firm were remarkable. From the initial meeting they were responsive to my calls, questions and concerns. All issues were handled professionally and timely, easily accessible, got back to me quickly, aggressive and got me the results that I wanted. Attorney Mongelluzzi and his staff all gave my case their personal attention and provided the quality of work that anyone would want when hiring an attorney.

- Client

Andrew is very thorough defining the outcome expectations. In my case, it was setting up a new corporate entity. He advised me on the most beneficial option and he then executed on that path. Andrew is a very pleasant person to work with. He is determined, skilled and committed to his client’s success.

- Gil Pinney

Andrew helped me through a difficult situation with American Express and we won the case. A great job by Andrew! He also helped me with T&C’s in my company. I would recommend Andrew highly as an attorney.

- John Sams

As a business owner for 12 years I have seen my fair share of ups and downs. Some of the downs would include landlord/tenant disputes and creditors that may have not been fulfilled to agreement. Andrew has met both of these situations for me in a timely, positive, and affordable manner.

- Rich Mattes

It was very nice to have a lawyer who not only is fierce in negotiations but has been successful in business. This is a lethal combination. I was glad he was on my side.

- Nigel Castanheiro

Andrew helped me with a contract litigation case. The lawyers battled it out for over a year and we finally got a reasonable settlement offer. Then the other side tried to back out. Andrew figured out how to force the other side to honor the deal and really knows his way around the court system. Definitely feel comfortable using him again.

- John Ellis


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