Employment Law 101 for Florida Startups

Employment Law 101 for Florida Startups

If you are starting a business and plan to have employees, it is important for you to understand the employment laws that pertain to your new business. There are both federal and state employment laws that pertain to the workplace, and one of your first steps should be to consult with a Florida employment attorney to avoid any unnecessary problems.

Here are some basic employment law issues that Florida small business owners need to know about:

Minimum Wage: Florida’s minimum wage for 2016 is $8.05 per hour. Employees receiving tips may be paid a direct wage of at least $5.03 per hour.

Workers’ Compensation: Florida requires employers with four or more employees, whether they are full or part time, to obtain workers’ compensation coverage. If you are the sole proprietor of your business or a partner in your business, you should not count yourself as an employee when making this calculation.

At-Will Work Doctrine: “At-will” is a common law doctrine that means an employer has the right to terminate an employee at any time, for any reason or no reason at all. Florida is an at-will work state. Florida has no general wrongful termination law unless an employment contract specifies reasons for termination, provides for a set employment period or if an employee is a union member.

Right to Work: Job applicants cannot be denied employment based on union membership. As a right-to-work state, Florida does not require employees to join a union as a condition of employment.

Overtime: Overtime hours and wages are governed by the federal Fair Labor Standards Act (FLSA), which determines which workers are eligible for overtime pay. The FLSA also establishes the criteria for exemption from overtime pay.

Child Labor: Minors under the age of 14 may not work in the state of Florida. Children between the ages of 14 and 17 may be employed, with restrictions as to the number of hours they can work and the type of work they can perform. There are some exceptions; for example, a minor under the age of 14 may be employed by a parent or work delivering newspapers.

Breaks: Florida employers are not required to give their adult employees (18+) meal or rest breaks during the day. However, if an employee is under the age of 18, they must be given a 30-minute break for every four hours of work.

For a comprehensive review and consultation regarding labor laws and guidelines specific to your individual business, contact Jurado & Farshchian, P.L. Our attorneys are ready to assist you with all your small business questions. Please call one of our experienced attorneys at (305) 921-0440, or email us at info@jflawfirm.com.

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