With Labor Day weekend just around the corner, we felt it was appropriate to touch on the subject of labor laws. More specifically, labor laws in the state of Florida. We’ll cover a few laws pertaining to the application process, employment, and the federal laws in place to protect employees. With that, let’s dive in.
Federal Laws in Regards to Employee Rights
There are three main, active laws by the federal government in place to protect the rights of employees, including:
- Fair Labor Standards Act (FLSA): deals with issues regarding wages and overtime
- Family Medical Leave Act (FMLA): pertains to certain protections if an employee is required to temporarily leave their job
- Occupational Safety and Health Act (OSHA): ensures work environments are safe
Rights During the Application Process
The above federal laws are coupled with state laws to ensure all employees have equal rights and are safe in the workplace. There are also laws in place to ensure the application process provides equal opportunity to all individuals. Below are a few illegal acts the employer is prohibited from utilizing/enforcing along with the law in place that enforces these protections:
- Discrimination of race, religion, origin, or sex (Title VII of the Civil Rights Act of 1964)
- Unequal pay between men and women for similar work (Equal Pay Act of 1963)
- Discrimination of age (Age Discrimination in Employment Act of 1967)
- Discrimination based on disability (Title Discrimination I and Title V of the Americans with Disabilities Act of 1990 and Sections 501 and 505 of the Rehabilitation Act of 1973)
- Discrimination based on genetic background (Title II of the Genetic Information Nondiscrimination Act of 2008)
- No drug testing against the applicants desire
- Note: They can require the position be contingent on an individual passing a drug test, but it’s still the applicant’s decision on whether they take one.
Rights During Employment
In the state of Florida, all individuals in the workforce are considered to be a participant of “at-will employment”. This means they choose to continue to work everyday. Because we practice this type of work environment, employees can leave their job at any time without advance warning – and vise versa, hirees can terminate an employee’s position at any time. That being said, an employer cannot illegally terminate a position as defined above.
There are also laws and regulations regarding minimum wage, medical leave, harassment in the workplace, safe working conditions, and same-sex rights in the workplace. These regulations can vary slightly by state.
In Florida, the minimum wage is currently $10/hour, employees are entitled to 12 weeks of unpaid leave for a few circumstances (including child birth), and there are notices and guidelines on how to file harassment or other claims as situations arise. Read more details and specifics on Florida Labor Laws anytime at Online Sunshine.
Contact Our Lawyer With Questions
If you or someone you know has questions in regards to labor laws in the state of Florida, or are experiencing a workplace situation that requires legal guidance, please contact our team of experts at (904)-355-6777.