Since there are so many different federal and state laws that apply to the workplace, if you have questions or feel that your rights as an employee have been violated, you should contact an attorney experience with labor and employment laws and litigation. Although an employee has an hourly rate greater than the minimum wage, the FLSA can be violated if the employee is not paid for all of his hours worked and therefore, his real hourly rate drops below the minimum wage. Under the FLSA, employees who are not exempt are required to be paid “time and a half” for any hours worked in a week over 40. Labor, U.S. Department of Labor (Federal) Minimum Wage — Florida Minimum Wage. Title VII of the Civil Rights Act of 1964 protects employees from discrimination because of race, religion, national origin, and gender. The most common example of an exempt employee are salaried managers. The Fair Labor Standards Act (FLSA) is a federal law that sets the basic standards for minimum wage, overtime and other employment law requirements, but many states have enacted their own labor laws dictating the standards employers must comply with in regards to nearly every aspect of the employee/employer relationship. This requirement applies to employers who hire 50 or more employees. Service member employees must not be discriminated against because of their service and must be reinstated to their job upon returning to work. Records regarding pay and time worked are required and can be difficult. Get 2021 All-In-One Poster Now Florida Department of Economic Opportunity requires Florida businesses to display Federal and State of Florida employment law posters where they can be easily viewed by employees. For age discrimination laws to apply, the employer must have 20 or more employees. Many local jurisdictions have already established protections based on sexual orientation. Under Florida law, these breaks are not required to be paid lunch breaks so long as there are no restrictions on the employee’s activities during this time. Employee works through lunch and other breaks but is still shown on the clock as having taken this time off. Overview of Florida Wage and Hours Law . This harassment usually takes the form of unwanted flirting, touching, obscene pictures, comments, and dirty jokes. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. Other protections apply to employers with 15 or more employees. State employment laws identify minimum wage and pay day requirements, and regulate issues like labor union membership and the right to organize. The Occupational Safety and Health Act is a federal law that requires employers to maintain a safe workplace, which requires among other things, healthy work conditions and safety training specific to the employer’s industry. On November 3, 2020, Amendment 2 was passed which will increase Florida’s minimum wage to $15/hour over a period of years. Entertainment Industry Child Labor Laws in Florida; Agricultural Child Labor Laws in Florida; On a Federal level, child labor is regulated under the Fair Labor Standards Act (FLSA). Growth Trends for Related Jobs. Need additional information related to Florida labor laws? There is a very specific legal test to determine whether one is truly an independent contractor subject to a 1099 versus payroll and failing this test would be a violation of labor laws. Although not required by federal law, several states have laws requiring employers to allow lunch breaks for their employees. Florida labor laws require employers to grant a meal period of at least 30 minutes to employees under the age of 18 who work for more than 4 hours continuously. Florida law prohibits discrimination based on race, color, national origin, sex, pregnancy, religion, disability, age, marital status, AIDS/HIV, or sickle cell trait. Caregiving protected by the FLMA also includes care for spouse, child, or parent who is a service member and has a qualifying condition. Under Florida Labor Laws, employees are usually allowed with a 30-minute lunch break and 15 minute short breaks. It presents the laws in the order in which they are numbered by the Secretary of State, as well as resolutions and memorials passed by the legislature. However, without proper records, an employer will be unable to properly defend against claims of violations of labor laws. 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