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					       Human Resource
State Employment Law Summary




                      FLORIDA
                                                      Table of Contents
                                                                                                                                                  Page

Appearance and Grooming.................................................................................................................... 4
   Uniforms ..................................................................................................................................... 4
Arrest and Conviction Records ............................................................................................................. 4
At-Will Employment ............................................................................................................................. 4
Breaks and Rest Periods ........................................................................................................................ 5
   Adults .......................................................................................................................................... 5
   Minors ......................................................................................................................................... 5
   Breastfeeding .............................................................................................................................. 5
Child Labor ............................................................................................................................................ 5
   Federal Law ................................................................................................................................ 5
   Types of Work ............................................................................................................................ 5
     Minors Under Age 18 ............................................................................................................. 5
     Minors Under 16 ..................................................................................................................... 6
     Minors Under 14 ..................................................................................................................... 7
     Minors Under 10 ..................................................................................................................... 7
   Hours of Work ............................................................................................................................ 7
     Minors 15 or Younger ............................................................................................................. 7
     Minors Age 16 and 17............................................................................................................. 7
   Permits and Postings ................................................................................................................... 7
COBRA ................................................................................................................................................. 8
   Insurance Continuation ............................................................................................................... 8
Employee Conduct and Work Rules ..................................................................................................... 9
   Guns in the Workplace................................................................................................................ 9
Equal Employment Opportunity and Equal Pay ................................................................................... 9
   Discrimination Based on Workers’ Comp Filing ....................................................................... 9
Family and Medical Leave (FMLA) ................................................................................................... 10
Files and Access .................................................................................................................................. 10
   Employee Review of Files ........................................................................................................ 10
Hiring Procedures ................................................................................................................................ 10
   Credit and Investigative Checks ............................................................................................... 10
   New Hire and Rehire Reporting ............................................................................................... 11
   Mandatory Background Checks ................................................................................................ 11
   Presumption Against Negligent Hiring ..................................................................................... 11
Holidays ............................................................................................................................................... 11
Jury, Witness, and Voting Leave......................................................................................................... 11
   Jury Leave ................................................................................................................................. 11
   Witness Leave ........................................................................................................................... 12
   Voting Leave ............................................................................................................................. 12
Labor-Management Relations ............................................................................................................. 12
Layoff and Reduction in Force............................................................................................................ 12
Medical Testing and Examinations ..................................................................................................... 12
   Drug Testing ............................................................................................................................. 12
     Drug Free Workplace ............................................................................................................ 13
     Notice of Testing................................................................................................................... 13
     Testing Procedures ................................................................................................................ 13
     Test Confirmation ................................................................................................................. 14
     Corrective Action .................................................................................................................. 14
  Medical Examinations .............................................................................................................. 14
  Genetic Testing ......................................................................................................................... 14
  HIV Testing .............................................................................................................................. 14
Military Leave ..................................................................................................................................... 15
Noncompetition Agreements............................................................................................................... 15
Overtime .............................................................................................................................................. 15
Polygraph/Lie Detector Tests .............................................................................................................. 15
Reference Requests ............................................................................................................................. 16
  Protection for Employers .......................................................................................................... 16
  Financial Institutions ................................................................................................................. 16
Safety ................................................................................................................................................. 16
Sick Leave ........................................................................................................................................... 16
Smoking ............................................................................................................................................... 16
  Designated Areas ...................................................................................................................... 16
Termination Procedures....................................................................................................................... 17
  Paychecks .................................................................................................................................. 17
  Coercion of Employee Trade .................................................................................................... 17
Unemployment Compensation ............................................................................................................ 17
Vacations ............................................................................................................................................. 17
Wages and Hours................................................................................................................................. 17
  Paydays ..................................................................................................................................... 17
  Minimum Wage ........................................................................................................................ 17
  Withholding or Docking Pay .................................................................................................... 17
  Garnishment .............................................................................................................................. 18
  Direct Deposit ........................................................................................................................... 18
  Living Wage.............................................................................................................................. 18
Whistleblower Protection .................................................................................................................... 18
Worker’s Compensation ...................................................................................................................... 19
Required Posters .................................................................................................................................. 19
  Required Federal Posters .......................................................................................................... 19
  Required Florida Posters and Contacts ..................................................................................... 19

______________________
                           STATE LAW SUMMARY

Appearance and Grooming


  Uniforms

  Florida law prohibits labor pools from charging day laborers for safety equipment, clothing,
  accessories, or any other items required by the nature of their work

Arrest and Conviction Records


  No Florida statute prohibits private employers from reviewing the arrest or conviction
  records of job applicants or employees. However, reliance on such records to deny
  employment is considered discriminatory in public employment unless directly related to the
  position of employment.

  Caution: Private employers considering using arrest or conviction records should do so with
  caution, even in states that allow the use of arrest or conviction records for employment
  purposes. An arrest might never result in a criminal guilty plea or conviction and it is always
  possible that a person has been arrested for something he or she did not do. Moreover, the
  federal Equal Employment Opportunity Commission has stated that use of conviction records
  might be discriminatory given that, according to the EEOC, minorities are often more likely
  to have such a record. The EEOC cautions that employers should only inquire about felony
  convictions, should state that a criminal record is not an automatic bar to employment and
  should ensure that there is a legitimate business reason for requesting such information.
  Employers should consult with their attorneys for more information and guidance on this
  issue.

At-Will Employment


  Florida law provides that an employment relationship of indefinite duration is an at-will
  relationship and can be terminated without cause. Absent an express agreement, Florida
  courts do not seem willing to imply contractual obligations from oral or handbook
  statements. Adequate contract disclaimers and at-will statements in documents given to
  employees (handbooks, policies, etc.), however, can help minimize the risk that such
  statements or documents may be alleged to have created express or implied employment
  contracts if the Florida courts change their view in the future. Florida law does not recognize
  claims that discharges violate public policy. Various specific Florida statutes (discussed
  below), however, provide employees with retaliation or whistleblower-type protection if
  penalized or fired, for instance, for refusing to break laws, for whistleblowing or for filing
  workers’ compensation claims.

Breaks and Rest Periods


  Adults

  Florida has enacted no statute that requires private employers to provide breaks and rest
  periods for adult employees.

  Minors

  Florida employers must give minors age 17 and younger a 30 minute break after four
  continuous hours of work.

  Breastfeeding

  Florida law provides that a mother may breastfeed her child in any location where the mother
  is otherwise authorized to be present. This includes private and public places of business.

Child Labor


  Federal Law

  Minors may be limited in the hours they work and may not be employed in occupations
  considered hazardous by federal law or by the U.S. Department of Labor’s rules and
  regulations. When school is in session, federal law requires work of minors age 14 and 15 to
  be limited to three (3) hours per day and eighteen (18) hours per week. When school is not in
  session, minors age 14 and 15 may work up to eight (8) hours per day and forty (40) hours
  per week between 7:00 a.m. and 7:00 p.m. (or 9:00 p.m. June 1 through Labor Day). Federal
  law does not limit work hours for minors age 16 and 17, regardless of whether or not school
  is in session. Except in limited circumstances, employers are generally prohibited from
  hiring minors under age 14. In addition to these federal restrictions, the following provisions
  address employment of minors in Florida. Additional Florida provisions regulate both the
  type and hours of work in which minors can engage. Note that the stricter law, the one that
  most benefits employees, prevails.

  Types of Work
     Minors Under Age 18
     Minors under age 18 cannot be employed in the following hazardous occupations:
            With or around explosive or radioactive materials
            On scaffolding, roof, superstructure, residential or nonresidential building
             construction or ladder above 6 feet
      In or around toxic substances or corrosives (including pesticides or herbicides)
      Mining
      Operation of power-driven wood working machines or hosting apparatus or metal
       forming, punching or shearing machines
      Slaughtering, meat packing, processing, or rendering
      Operation of power-driven bakery machines
      Printing or paper product machines
      Manufacturing brick, tile and like products
      Wrecking or demolition
      Excavation
      Logging or sawmilling
      Working on electric apparatus or wiring
      Firefighting
      Operating or assisting or any physical contact with tractor over PTO horsepower,
       any trenchers, earthmoving equipment, forklift or other such machinery
      Work related (except in offices) with motor vehicles, explosives, radioactive
       materials, operation of circular or band saws or guillotine shears
      Shipmaking
      Places where alcohol beverages are sold (certain exceptions apply)
      Other places deemed hazardous.
Certain exceptions apply to student learners age 16 to 18 enrolled in youth vocational
education training programs.
Minors Under 16
Minors under 16 cannot be employed in the following types of work:
      Power-driven machinery (except power lawn mowers with blades 40 inches or
       less)
      Manufacturing using industrial machines
      Use, transport or manufacture of explosives or highly flammable substances
      Sawmills or logging
      On any scaffolding
      Heavy work in building trades
      Operation of licensed motor vehicle (except motor scooter and use of tractors on
       family farms)
      Oiling, wiping or cleaning machinery or shafting or applying belts to pulleys
      Repairing elevators or other hoisting apparatus
      Work in freezers or meat coolers, all work in preparation of meats for sale
      Operation of power-driven laundry or dry cleaning machinery
      Alligator wrestling
      Door-to-door selling except for nonprofits
      Working with meat and vegetable slicing machines
      Public messenger
      Transportation of persons or property by rail, highway, air, water, pipeline or
       other means
          Warehousing and storage
          Communications and electric utilities
          Construction; boiler and engine rooms
          Maintaining or repairing machines and equipment
          Outside window washing involving work from window sills
          Cooking (except at lunch counters, snack bars, soda fountains, or cafeteria serving
           counters) and baking
          Loading and unloading from trucks
          Railroad cars or conveyors
          Working with compound or compressed gases (except filling of balloons, car and
           bike tires
          Agricultural occupations

   Minors Under 14
   Minors under 14 cannot be employed at any time except by their parents, in the
   entertainment industry (subject to certain restrictions), on a farm or ranch at their own
   home.
   Minors Under 10
   Minors under 10 cannot sell or deliver newspapers, magazines or periodicals.

Hours of Work
   Minors 15 or Younger
   A Florida employer cannot allow any minor 15 or younger to work between 7 p.m. and 7
   a.m. before a school day, except that during holidays and vacations they can work as late
   as 9 p.m. Such minors cannot work more than 15 hours per week or 3 hours per day
   while school is in session, unless there is no school the next day. During holidays and
   vacations, minors 15 or younger cannot work more than 8 hours in one day or 40 hours in
   one week.
   Minors Age 16 and 17
   Minors age 16 and 17 cannot work between 11 p.m. and 6:30 a.m., or for more than 8
   hours, on a day before school or during school hours or for more than 30 hours per week
   when school is in session. An employer cannot work a minor 17 or younger for more than
   six consecutive days in one week. Such minors cannot work for more than four
   continuous hours without a thirty-minute break. Florida requires employers to post a
   notice in stating such requirements.

Permits and Postings

Except as provided for pupils in cooperative educational courses, a Florida employer may not
employ minors over age 16 and under age 18 in the following occupations or establishments
unless it procures and keeps on file an educational certificate, issued by the school district,
which shows (a) the age of the minor and (b) whether or not the minor meets the
requirements for completion of the sixth (6th) grade:
           Manufacturing, mechanical, or mercantile establishment
           Factory
           Workshop
           Public or private bowling alley
           Pool or billiard room
           Bootblack stand or establishment
           Barber shop
           In the construction or repair of buildings
           By an express or transportation company

 Employers must return employment certificates to the school district within two (2) days
 after employment terminates.

 Florida employers may not employ minors age 14 or 15 unless the minors have employment
 permits issued by the school district. Whether or not a school district grants a permit
 depends upon its determination of whether or not a minor’s welfare would be better served
 by its granting it. With limited exceptions for cooperative education, districts do not grant
 permits which allow minors to work in, about, or in connection with mercantile,
 manufacturing, or mechanical establishments, factories, or workshops, or in any prohibited
 occupations. Employers of minors age 14 and 15 must keep permits on file and return them
 to the school district within two (2) days after employment terminates. They must also keep
 a complete list of the names and ages of all minors age 14 and 15 they employ.

 Florida employers must keep proof of age documents on file for minors they employ. Any of
 the following documents may serve as proof of age: a photocopy of the child’s birth
 certificate, a photocopy of the child’s driver’s license, an age certificate issued by the school
 board of the district in which the child is employed, certifying the child’s date of birth, or a
 photocopy of a passport or visa which lists the child’s date of birth.

 State child labor work hour restrictions do not apply to minors who (a) hold a valid certificate
 of exemption from school officials; (b) have a waiver of hours from school officials,
 qualifying on a hardship basis such as economic necessity or family emergency; or, (c) work
 in domestic service in private homes, work for their parents, or serve as pages in the Florida
 Legislature.

 Child labor law can be both challenging and confusing. Employers of minors should
 closely review federal and state child labor law differences and contact their attorneys
 or the Department of Labor to ensure they are in full compliance.

COBRA


 Insurance Continuation

 Many states have legislation requiring small employers (those not subject to COBRA) to
 provide insurance continuation if an employee becomes ineligible for group coverage (such
  as through a termination). Florida requires such continuation for employees on military
  leave. Such provisions are complex and very technical. You may want to contact your
  attorney or insurance broker to determine if you are meeting all applicable federal and state
  requirements.

Employee Conduct and Work Rules


  Guns in the Workplace

  Workplace violence continues to be a concern for employers. Many organizations adopt
  policies (such as the one found in the HRN manual) banning guns and other weapons on
  company property. However state law differs widely regarding employees’ weapons rights.
  You may want to contact the state employment agency or an attorney for further information
  regarding your specific policy and any possible liability that may result.

Equal Employment Opportunity and Equal Pay


  Similar to federal law, Florida state law prohibits discrimination in employment or terms and
  conditions of employment based on race, religion, color, sex, age (40 and over), national
  origin, and/or handicap. In addition, discrimination is precluded based on marital status, HIV
  status, belief of someone’s HIV status or sickle-cell anemia trait. Included in unlawful
  discrimination is wage discrimination (for employers with two or more employees) based on
  gender; wage bias based on marital status or race is also precluded. HIV tests cannot be
  required as a condition of employment or promotion unless HIV status is a bona fide
  occupational qualification. Retaliation is also prohibited. Discrimination based on sexual
  orientation and pregnancy are not specifically prohibited by statute but are often included
  under sex discrimination.

  Discrimination Based on Workers’ Comp Filing

  Florida law prohibits an employer from discharging or refusing to hire an employee or job
  applicant because the employee or applicant has filed a claim for benefits under the state’s
  Workers’ Compensation laws.

  The anti-discrimination laws apply to all private employers with fifteen or more employees.
  Complaints of discrimination are filed with the Florida State Division of Human Relations
  and can be remedied with injunctive relief (e.g., required hiring, reinstatement, cease and
  desist orders), damages and attorney’s fees and costs. Various notices must be posted.

  Caution: Some municipalities may have adopted city ordinances expanding EEO
  protections. Please check local laws for more details.
Family and Medical Leave (FMLA)


  No Florida family and medical leave statute affecting private employers has been enacted
  which imposes greater requirements than the federal FMLA.

  Caution: Complying with the federal FMLA (and state law, if applicable) can be both
  challenging and confusing. You will likely want to contact your attorney, the Federal
  Department of Labor, or the appropriate state agency for further information and
  clarification.

Files and Access


  Employee Review of Files

  Neither federal nor Florida law requires that employees who work for private companies be
  permitted to review their personnel files. However, Florida law does require private
  employers or their agents to allow employees to review their medical records upon request.

Hiring Procedures


  Credit and Investigative Checks
  No Florida credit or investigative check requirements have been adopted that exceed those
  required by the federal Fair Credit Reporting Act and Consumer Credit Reform Act of 1996.
  Under federal law, employers may not obtain a consumer report, (which includes checks on
  an employee's or applicant's credit standing, and which is obtained through a consumer
  reporting agency), unless a clear and conspicuous written disclosure has been made to the
  applicant or employee before the report is performed and the employer obtains written
  authorization from the applicant or employee. The disclosure must be made in a separate
  written document (not as part of a job application or other form) and must consist solely of
  the disclosure. Credit checks must be used for employment purposes only and may not be
  used discriminatorily in violation of any applicable federal or state law or regulation.
  Employers must also make written disclosures of investigative reports where personal
  information such as the applicant's or employee's character, reputation, etc is obtained
  through interviews with neighbors, friends, and others.

  Before an adverse employment action (such as refusal to hire) is taken based in whole or in part
  on information reported in a consumer or investigative report, the employer must inform the
  applicant or employee, and provide a copy of the report and a summary of consumer rights
  under the law. A post adverse action notice is also required under federal law. You may want
  to consult your legal counsel for detailed information.
  Caution: While not always required by law, it is generally a good practice to get releases
  from applicants for any background checks undertaken. You may want to contact your
  attorney for release requirements and related details.
  New Hire and Rehire Reporting

  Florida employers must report all new hires or rehires, within 20 days of employment date, to
  the state directory of new hires. Employers must turn in a W-4 form or equivalent form that
  includes the employee’s name, address, hire date, date of birth (if available), and social
  security number and the employer’s name, address and federal employer identification
  number.

  Mandatory Background Checks

  Many states require mandatory background checks of applicants in certain highly sensitive
  areas such as in teaching, childcare, healthcare and security positions. Such checks may
  include criminal history and fingerprint checks, various reporting requirements, and requiring
  job references. Contact your local state agency or attorney for further information.

  Presumption Against Negligent Hiring

  Florida law creates a presumption against negligent hiring. If a Florida employer implements
  careful hiring practices it is presumed that the employer was not negligent in hiring an
  employee who caused death, injury, or damages to a third person through an intentional act.
  “Careful hiring” includes conducting a prehire background check (as outlined in the law) and
  that nothing is discovered that indicates the employee’s unsuitability for a specific position or
  for employment in general.

  Employers that use one of the following five methods to check out job applicants will likely
  minimize the risk of liability in negligent hiring lawsuits: Criminal background checks
  through the Florida Department of Law Enforcement, reasonable efforts to contact references
  and former employers, employment applications that ask for specific information about
  criminal convictions, motor vehicle checks and applicant interviews.

Holidays


  No Florida statute has been enacted requiring private employers to give employees paid
  holiday time off or to pay premium pay for time actually worked on holidays.

Jury, Witness, and Voting Leave


  Jury Leave

  Florida employers may not dismiss or threaten to dismiss employees who are summoned to
  serve or have accepted to serve on a grand or petit jury because of the nature or length of
  their jury service. Florida law does not require employers to pay for jury leave. However,
  local counties may so require.

  Witness Leave

  Florida employers may not dismiss employees who testify in a judicial proceeding in
  response to a subpoena because of the nature of the person’s testimony or because of the
  person’s absences from employment due to compliance with the subpoena. Florida law does
  not require employers to pay for witness leave.

  Voting Leave

  Though Florida law does not entitle employees to voting leave, it does prohibit Florida
  employers from discharging or threatening to discharge any employee for voting or for not
  voting for any candidate or measure submitted to the people’s vote in any state, county, or
  municipal election.

Labor-Management Relations
  Various labor relations laws allow and/or regulate the rights of employees to unionize,
  bargain collectively, file grievances, picket, strike, and wear union insignia and govern the
  resolution of labor disputes. Contact the Florida Agency for Workforce Innovation for more
  information, or go to the website at www.floridajobs.org. Note also that federal law governs,
  and in fact pre-empts, many aspects of this area of law.

Layoff and Reduction in Force


  No applicable Florida statute exists. Florida has not enacted a state "WARN" law or other
  legislation regarding layoffs. However, employers must still comply with the federal WARN
  Act.

Medical Testing and Examinations


  Drug Testing

  Drug testing by employers is allowed in Florida. If an employer implements a drug-free work
  place program (described below) that includes appropriate notice, education, and procedural
  requirements then it may test its employees for drugs or alcohol and terminate employees
  who test positive. Employees must be notified in advance and in writing that it is a condition
  of employment that they refrain from reporting to work with the presence of drugs or alcohol
  in their body.
Drug Free Workplace
Florida’s Drug Free Workplace program is voluntary for most employers. However, it is
a prerequisite for construction and other contractors to do business with the state of
Florida. The program requires an employer to have a one-time written policy statement to
be given to all employees and applicants prior to testing. The initial statement must be
given 60 days before an employer initiates a testing program. The statement must:
identify the types of testing that may be required (e.g., reasonable suspicion or any other
basis) and the actions taken if there is a positive result; inform of the existence of the
Florida law; explain that results are confidential; discuss procedures for persons tested to
confidentially report to a medical review officer any use of prescription or non
prescription medications; list the common medications, as provided by the state, that may
alter or affect a test; describe the consequence of any refusal to test; provide names and
numbers of employee assistance and drug rehabilitation programs; discuss that a positive
test can, within 5 working days of notice of result, be challenged to the medial review
officer who, if rejecting the appeal, will report the positive result; include a list of drugs
the employer will test for; have a statement concerning any collective bargaining rights;
and contain a notice that persons being tested can consult with a medical review officer
regarding prescription or nonprescription medication.
Notice of Testing
Vacancy notices for jobs where testing is required must state that testing is required. This
statement outlined above must be available for review by employees and job applicants.

A Florida employer may, but is not required, to perform job applicant testing, reasonable
suspicion testing (i.e., a belief of use based on objective tests and reasonable inferences),
and routine fitness for duty testing done for all employees in the same classification and
follow-up testing for all employees in rehabilitation. An employer can also do random
testing.
Testing Procedures
Specimen collection and testing must follow these procedures:
      Respect for privacy, but calculated to preclude substitution of specimens,
      Labeling of specimens,
      Use of form for persons tested to provide information relevant to the test,
      Collection and storage calculated to preclude contamination or adulteration,
      Use of a licensed laboratory,
      Collection by a physician, physician’s assistant, registered nurse, licensed
       practical nurse, nurse practitioner or certified paramedic present at an emergency,
      Collection of enough specimen for two tests,
      Preserving, for at least 210 days, specimens testing positive,
      Notice to person tested, within five working days, of a positive result,
      Provision for person tested to explain result within 5 working days of notice of it,
      Preclusion on discipline or discharge based on positive result if not verified by a
       medical review officer,
      Use of proper chain-of-custody procedures,
          Employer pays all costs of testing that it requires,
          Preclusion on employer disciplining an employee merely because he or she
           voluntarily has sought rehabilitation, and
          Explanation in writing of basis for reasonable suspicion testing with a copy given
           to the employee

   Test Confirmation
   If a test is negative, an employer has the right, in its discretion, to seek a confirmation
   test.      All positive test results, however, must be confirmed using gas
   chromatography/mass spectrometry (GC/MS) or an equivalent or more accurate method
   approved by the United States FDA. A medical review officer must assist persons tested
   and help interpret positive results and determine whether they are caused by prescription
   medication.
   Corrective Action
   Positive test results may be used as grounds for termination, discharges or refusals to
   hire. All testing results must be kept confidential and cannot be released without the
   written consent of the person tested unless such release is compelled by law. Employers
   may, however, consult with legal counsel regarding test results. Drug-free workplace
   programs are a mandatory topic of collective bargaining.

Medical Examinations

Florida has no law governing the requirement of or payment for medical examinations as a
condition of employment. However, if an employer has medical test results related to an
employee’s exposure to toxic substances, the test results must be made available to the
employee on request.

Genetic Testing

Florida employers may do DNA testing only if an employee gives informed consent.
Employers cannot disclose such genetic information without the consent of the person tested.
Employees must be told whether or not genetic information was used in any employment-
related decision and, if the decision is to deny employment, the genetic analysis must be
repeated to verify its accuracy. If the test is not accurate, the employment decision must be
reviewed. Job bias is precluded based solely on the presence of a sickle-cell trait and
employers cannot condition employment on mandatory sickle-cell testing. Employers are not
required to pay for any genetic testing they require.

HIV Testing

Florida law maintains specific standards for HIV testing procedures, informed consent, and
disclosure of test results. Florida has enacted no law requiring employers to pay for any HIV
testing they require.
  Caution: In addition to state law, employers should also ensure that any testing undertaken
  conforms with federal law (e.g., the ADA and FMLA). Contact your attorney if you propose
  to undertake such testing.

Military Leave


  In Florida, any person who seeks or holds an employment position shall not be denied
  employment or retention in employment, or promotion or other advantages, because of any
  obligation as a member of the armed forces reserves. In addition, a Florida employee may
  elect to continue to receive insurance benefits under an employer’s group health insurance
  plan, at the employee’s expense.

  Caution: Military leave legislation is complicated and technical. In addition to any
  applicable state law requirements, employers should ensure that they are in compliance with
  federal laws.

Noncompetition Agreements
  A Florida statute, as well as court decisions, govern this area of the law. A noncompetition
  agreement will be enforceable if reasonable in terms of time and geographic area and if used
  for protecting an employer’s legitimate interests, such as: Improper use of trade secrets and
  confidential information, customer goodwill, or extraordinary or specialized training
  provided by the employer.

  The agreement must be in writing and signed by the person against whom it is being
  enforced. Irreparable injury must be demonstrated by the employer to obtain injunctive relief
  against a former employee.

Overtime


  No Florida statute has been enacted that exceeds federal requirements requiring overtime
  payment of one and one-half times regular pay after 40 hours worked/week. However,
  Florida employers must pay extra pay to manual laborers working more than ten (10) hours
  in a day.

Polygraph/Lie Detector Tests
  Florida has no statutory requirements that exceed federal requirements. Federal law states
  that the refusal to take a polygraph cannot be the basis for denying or terminating
  employment.
Reference Requests


  Protection for Employers

  Florida law provides that an employer that discloses information about a former or current
  employee to a prospective employer upon request of the prospective employer is immune
  from civil liability for the disclosure or its consequences unless it is shown by clear and
  convincing evidence that the information disclosed was knowingly false or violated the
  former or current employee’s legally protected civil rights.

  Financial Institutions

  Moreover, Florida law specifies conditions under which immunity from civil liability is
  granted for providing information to financial institutions regarding known or suspected
  involvement of employees or former employees in reported violations of state or federal law,
  rules or regulations. Employers may provide this information without civil liability unless
  the information provided is false or the person providing the information does so with
  reckless disregard for the truth.

Safety


  Florida law requires employers of 20 or more employees to establish and administer a
  workplace safety committee and requires employee compensation for participation on the
  committee. If the employer has less than 20 employees, it may be required to establish a
  workplace safety committee if the Florida Division of Safety finds the employer has a high
  rate of work-related injuries.

Sick Leave


  No Florida statute requires employers to provide paid sick leave or to pay for accrued paid
  sick leave at termination.

  Caution: If sick leave is provided, employers should ensure that it is provided on a non-
  discriminatory basis and in accordance with established policy and practice.

Smoking


  Designated Areas

  Effective January 1, 2003, smoking is prohibited in all enclosed indoor workplaces.
Termination Procedures


  Paychecks

  An employee who has been terminated must be paid by the next regularly scheduled payday
  after the termination. There are no statutory provisions to govern when an employee who
  quits must be paid.

  Coercion of Employee Trade

  No Florida employer can discharge or threaten to discharge an employee for trading or
  dealing or not trading or dealing with any other person or merchant.

Unemployment Compensation
  Extensive laws cover this area in Florida. Contact the Florida Department of Insurance,
  Workers Compensation Division, for further information or go to their website at
  www.myflorida.com/dor.

Vacations


  No Florida statute requires employers to provide paid vacation or to pay for accrued vacation
  at termination. However, the state may so require by case law or regulatory interpretation.

  Caution: If paid vacation leave is provided, employers should ensure that it is provided on a
  non-discriminatory basis and in accordance with established policy and practice.

Wages and Hours


  Paydays

  Florida has enacted no law mandating how often private employers must pay wages and
  salaries.

  Minimum Wage

  Florida has no minimum wage statute that exceeds federal requirements.

  Withholding or Docking Pay

  Florida has enacted no general law regarding withholding or “docking” that affects private
  employers. However, Florida law does prohibit labor pools from charging day laborers for
  safety equipment, clothing, accessories, or any other items required by the nature of their
  work, either by law or custom. Further, labor pools may not make any deduction from wages
  if the deduction would reduce an employee’s wages below the statutory minimum.

  Garnishment

  Florida employers may not take disciplinary action against an employee because of any
  garnishment to enforce a court order. No garnishment is allowed if an employee earns less
  than $500 a week and is the head of the household. An employer may not discharge, refuse to
  employ or discipline an employee because of enforcement of support orders.

  Direct Deposit

  Florida law allows direct deposit of wages and salaries if employees authorize it and specify
  their choice of a financial institution in writing. Employers may not terminate employees
  solely for refusing to authorize direct deposit of their wages or salaries.

  Living Wage

  A number of local governments (e.g. cities, towns, counties, school districts, etc.) have
  enacted laws known as “Living Wage” ordinances. These laws, although not always
  imposing the same types of requirements, typically mandate that any entity contracting or
  doing business with the local government or getting a tax abatement from the local
  government must pay its employees a set wage. The ordinances are typically called Living
  Wage ordinances because the set wage rate is typically much higher than the applicable
  minimum wage, thus better allowing the employees to live on the wage.

  Broward County requires city contractors to provide a living wage of not less than $9.57 per
  hour with benefits or $10.82 without. Miami Beach requires all city contractors to provide a
  living wage of not less than $8.56 per hour with benefits or $9.81 without. Miami-Dade
  County requires county contractors to provide a living wage of not less than $8.81 per hour
  with benefits or $10.06 without. Orange County requires county contractors to provide a
  living wage of not less than $7.98 with benefits. As of January 1, 2003, Palm Beach County
  had tentatively approved a living wage ordinance requiring contractors and businesses
  receiving aid to provide a wage of not less than $9.75 per hour with benefits or $10.82
  without.

  For more information on this rapidly developing area of law, including recent developments,
  see www.livingwage.com.

Whistleblower Protection
  Under several Florida statutory provisions, employees cannot be punished or discharged for
  filing worker’s compensation claims or for whistleblowing types of activities. A Florida
  employer with ten or more employees may not take any kind of retaliatory action against an
  employee because he or she has:
            Disclosed or threatened to disclose to any government agency that the employer is
             in violation of a law (provided, however, the employee first brought the matter to
              the attention of the employer, in written form, and gave the employer a chance to
              correct the problem),
             Provided testimony or cooperated in a government investigation, or
             Objected to or refused to participate in any illegal conduct
  Violations of this law can be remedied by lawsuits seeking damages and reinstatement.

Worker’s Compensation
  Extensive laws cover this area in Florida. Contact the Florida Department of Labor and
  Employment Security Worker’s Compensation Division for further information or go to their
  website at www2.myflorida.com/les/wc.




Required Posters
  Listed below are the current listings for government agencies from which required posters
  can be obtained. Posters frequently can be obtained free of charge. Poster requirements may
  change from time to time, and employers should check to assure up to date compliance.

  Required Federal Posters

          Fair Labor Standards Act (FLSA) Minimum Wage
          Family Medical Leave Act (FMLA)
          Job Safety and Health Protection – Occupational Safety and Health
          Equal Employment Opportunity Act
          Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
          Notice to Work with Disabilities (FLSA, SCA, and Walsh-Healey Act)
          Employee Polygraph Protection Act (EPPA)

  These posters can be accessed               at     the     Department   of   Labor    website:
  www.dol.gov/osbp/sbrefa/poster/main.htm

  Required Florida Posters and Contacts

  For   more      information     on   required            posters   in   Florida,     go    to:
  www.floridajobs.org/pdg/PostersForEmployers.

      Unemployment Compensation                   Florida Dept. of Revenue
                                                   Division of Unemployment Compensation Tax
                                                   800-482-8293
                                                   www.myflorida.com/dor
   Child Labor (required if employees Florida Dept. of Business & Professional
    under age 18)                      Regulation
                                       850-488-3131
                                       www.state.fl.us/dbpr/


   Florida Law Prohibits Discrimination   Agency for Workforce Innovation
                                           850-921-7420
                                           www.floridajobs.org/


   Workers Compensation                   Obtain from your insurance carrier or from:
                                           Department of Insurance
                                           Workers’ Compensation Division
                                           850-488-2514
                                           www.doi.state.fl.us/wc

   Heimlich Manuever Poster (Required Heimlich Institute
    in Food Service establishments only) P.O. Box 8858
                                         Cincinnati, OH 45208
                                         800-704-1076
                                         www.heimlichinstitute.org

   Equal Opportunity is the law (Required Agency for Workforce Innovation
    by employers who receive Workforce 850-921-7420
    Innovation Act funds)                  www.floridajobs.org/

				
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