Labor Law: What You Should Know
When a business grows to include employees, the owner must comply with state and federal labor law.
State Law
- Minimum Wage
Florida's minimum wage applies to all employees covered by the federal minimum wage law. For 2011, Florida's minimum wage is $7.25 an hour, the same as the federal minimum wage; tipped employees who meet the eligibility requirements of the federal Fair Labor Standards Act may be paid a direct wage of $4.23 an hour. - New Hire Reporting
Employers are required to provide information on all newly hired and rehired full-time and part-time employees within 20 days. - Workers' Compensation
Florida law requires employers that have four or more employees, either full time or part time, to have workers' compensation coverage for their employees. Unless exempt, corporate officers are included in the definition of "employee." (Employers in construction and agriculture have different requirements.)
Federal Law
- Child Labor
Workers under the age of 18 cannot work in hazardous occupations such as 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. - Equal Opportunity
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal employment discrimination laws. - Civil Rights
Prohibits discrimination on the basis of race, color, religion, sex and national origin. Title VII applies to employers with 15 or more employees. The Florida Civil Rights Act of 1992 adds age, disability and marital status to the protected classes. - Age Discrimination
Bars employers with 20 or more employees from discriminating against individuals age 40 and older. - Equal Pay
Prohibits wage discrimination between men and women in substantially equal jobs within the same establishment. The law applies to virtually all employers. - Americans with Disabilities
Prohibits employment discrimination against qualified individuals with disabilities; applies to employers with 15 or more employees. Requires that public accommodations and commercial facilities be designed to comply with accessibility standards; applies to all businesses that own, operate, lease or lease to a place of public accommodation. It includes restaurants, hotels, theaters, doctors' offices, retail stores and other public facilities. - Fair Labor Standards
Applies to most businesses involved in interstate commerce. It 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 age 18 for certain dangerous jobs. Some employees are exempt on a case-by-case basis from one or more of the major requirements; check with the U.S. Department of Labor on exemptions. - Family and Medical Leave
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. Employees may take leave for the birth of a child; if they adopt a child or provide foster care; to care for a seriously ill spouse, child or parent; or if they personally suffer a serious health condition. - Occupational Safety and Health
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, as are industries classified as low-hazard — retail, service, finance, insurance and real estate.
