Florida employment law compliance requirements

Florida does not have a specific final pay deadline. Federal law (next regular payday) applies.

Fla. Stat. § 532.01 · effective Jan 2020

Employers with 50 or more employees must permit employees who have been employed for 3 or more months to take up to 3 days of leave in any 12-month period for activities related to domestic or sexual violence.

Fla. Stat. § 741.313 · effective Jul 2004 · source

Florida employers who employ minors must post a poster outlining the state's child labor laws, including permitted hours of work and age restrictions.

Fla. Stat. § 450.141 · effective Oct 1991 · source

Florida employers with 15 or more employees must conspicuously post the 'Florida Law Prohibits Discrimination' poster to inform employees of their rights under the Florida Civil Rights Act.

Fla. Admin. Code r. 60Y-5.0011 · effective Feb 2001 · source

To qualify for workers' compensation premium discounts and deny benefits for positive tests, Florida employers must implement a written drug-free workplace policy and provide 60 days' notice to employees before testing begins.

Fla. Stat. § 440.102 · effective Jul 2001 · source

Florida employers must post the Reemployment Assistance poster (Form RT-83) in a conspicuous place accessible to all employees. This poster informs employees of their potential rights to unemployment benefits and how to file a claim.

Fla. Admin. Code Ann. r. 73B-11.013 · effective Jul 2015 · source

Florida employers subject to the state's Workers' Compensation Law must post a notice (Form DFS-F2-DWC-1) in a conspicuous place, informing employees of their rights and the employer's insurance carrier information.

Fla. Stat. § 440.40 · effective Jan 2003 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

Florida enforces reasonable non-competes. Presumptively reasonable periods: 6 months or less for non-solicitation, 2 years or less for non-compete.

Fla. Stat. § 542.335 · effective Jan 2020

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Florida state minimum wage

Fla. Const. Art. X, § 24 · effective Jan 2024

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Florida enforces non-compete agreements only if they are in writing, signed by the employee, and reasonably necessary to protect legitimate business interests, subject to statutory time limits.

Fla. Stat. § 542.335 · effective Jul 1996 · source

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Florida employers must provide minor employees under the age of 18 with an uninterrupted meal period of at least 30 minutes for every 4 continuous hours of work.

Fla. Stat. § 450.081(4) · effective Oct 1991 · source

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990