Florida Employment Lawyers
Do you have a Florida employment dispute that requires litigation? Our firm prides itself on its reputation to competently litigate cases for employers and employees in matters of labor and employment law. We provide representation in cases of discrimination, harassment, retaliation, non-compete, wrongful termination, employment contracts, whistleblower, and more. Contact our Florida employment lawyers today. A consultation allows you to arm yourself with the knowledge of your rights under Florida, and federal law in the workplace.
We Litigate & Provide Counseling Nationwide
Regardless of your situation, a consultation is the first step in any employment dispute. This is your time. During your consultation, you can get legal advice from lawyers experienced in employment law regarding your questions about your rights and responsibilities in the workplace. Not every case requires litigation, and many times, a client may get the answers to his or her questions and concerns during a single consultation, without need for further representation. Let our Florida employment attorneys help you.
Florida Labor & Employment Law
Florida labor and employment law encompasses a broad spectrum of workplace issues, regulations and protections, including discrimination, harassment, contracts, wages, and terminations, for both employers and employees. Unlike some states, Florida is an “at-will” employment state, meaning employers can terminate employees for nearly any reason unless it’s illegal. However, both state and federal laws protect workers from unfair treatment, wage violations, and wrongful terminations. Scott Law Team is experienced in helping both employees seeking to protect their rights and employers aiming to comply with legal standards.
- Employee Retaliation
- Employee Rights
- Employer Handbook Consulting
- Employer Non-Compete Agreements
- Employer Payroll Audits
- Employment Contracts
- Employee Discrimination
- Healthcare Labor & Employment Law
- Non-Compete Agreements
- Unpaid Wages
- Whistleblower Law
- Workplace Harassment
- Workplace Training
- Wrongful Termination
Employment Discrimination
Employment discrimination in Florida is governed by both federal and state laws. The Florida Civil Rights Act (FCRA) prohibits discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. The Equal Employment Opportunity Commission (EEOC) also enforces federal laws prohibiting workplace discrimination. Employers are required to provide a workplace free from discriminatory practices, and employees who believe they have been discriminated against can file a complaint with the EEOC or the Florida Commission on Human Relations. The Florida Civil Rights Act (FCRA) mirrors federal anti-discrimination laws but applies to employers with at least 15 employees. Discrimination based on race, sex, age, disability, pregnancy, national origin, religion, or marital status is illegal under both FCRA and Title VII of the Civil Rights Act.
Employees who face discrimination can file complaints with the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC). Victims must file claims within 300 days (federal) or 365 days (state).
Workplace Harassment Protections
Sexual harassment and other forms of workplace harassment fall under Florida’s anti-discrimination laws. Harassment can be quid pro quo (when job benefits depend on tolerating harassment) or hostile work environment (when harassment is severe or pervasive).
Employers must investigate and take action on harassment complaints, or they can be held liable. Companies should have clear anti-harassment policies in employee handbooks and conduct workplace training to prevent legal issues.
Employee Rights
Understanding Florida employment law is essential for both employees and employers. Whether it’s preventing workplace discrimination, ensuring fair wages, or drafting strong employment policies, compliance is key. If you face issues such as unpaid wages, wrongful termination, or workplace harassment, you may have legal options. Consulting an experienced Florida employment law attorney can help you navigate your rights and fight for justice.
Employee rights in Florida include the right to a safe work environment, fair wages, and freedom from discrimination and harassment. Florida is an at-will employment state, meaning that an employer can terminate an employee for any reason, as long as it is not illegal (such as discrimination or retaliation). Employees also have the right to receive timely payment for work performed and to be free from retaliation for exercising their legal rights.
Employees in Florida are entitled to fair wages, protection from retaliation, and a safe workplace. However, because Florida is a right-to-work state, employees cannot be forced to join a union.
Non-Compete Agreements
Non-compete agreements are used to prevent employees from working with competitors or starting a competing business within a certain period after leaving an employer. In Florida, non-compete agreements are enforceable if they are reasonable in time, area, and line of business. They must protect a legitimate business interest and not impose undue hardship on the employee. Courts scrutinize these agreements carefully and may modify or void them if they impose excessive restrictions.
Workplace Harassment
Workplace harassment is illegal under both Florida law and federal law. This includes sexual harassment and any other form of harassment based on protected characteristics. Employers must take steps to prevent and address harassment in the workplace. Victims of harassment can file complaints with the EEOC or the Florida Commission on Human Relations.
Healthcare Labor & Employment
Healthcare workers in Florida are subject to specific labor and employment laws. This includes regulations related to working conditions, overtime pay, and employee safety. The healthcare industry is also heavily regulated to ensure compliance with patient privacy laws, such as HIPAA. Florida’s healthcare labor laws align with federal laws, particularly the Health Insurance Portability and Accountability Act (HIPAA). HIPAA training is required for healthcare employees handling Protected Health Information (PHI). Employers must ensure that all staff understand their responsibilities regarding patient privacy and data security.
HIPAA & HIPAA Training
The Health Insurance Portability and Accountability Act (HIPAA) sets national standards for the protection of health information. Employers in the healthcare sector must ensure that their employees are trained on HIPAA regulations and understand how to handle patient information securely. HIPAA training is mandatory and must be provided regularly to all employees who have access to protected health information (PHI).
Employee Retaliation
Employee retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activity, such as filing a discrimination complaint or whistleblowing. Retaliation is prohibited under both federal and state law. Employees who experience retaliation can file a complaint with the EEOC or the Florida Commission on Human Relations.
Retaliation against employees for reporting illegal activities is strictly prohibited under Florida and federal law. The Florida Whistleblower Act protects both private and public employees who report:
- Workplace safety violations
- Discrimination or harassment
- Wage theft or fraud
Employers who retaliate through termination, demotion, or other negative actions may face legal consequences, including reinstatement of employees and financial penalties.
Restrictive Covenant/Non-Compete Agreement
Restrictive covenants, including non-compete agreements, are enforceable in Florida if they are reasonable and protect legitimate business interests. These agreements must not be overly restrictive in terms of duration, geographic scope, or the type of employment or line of business.
Stark Law
The Stark Law is a federal law that prohibits physicians from referring patients to entities with which they have a financial relationship, unless an exception applies. This law is designed to prevent conflicts of interest and ensure that medical decisions are made based on patient need rather than financial gain. Healthcare employees and providers in Florida must comply with the Stark Law, violations can lead to severe penalties, including fines and exclusion from Medicare and Medicaid programs.
Unemployment Benefits
Unemployment benefits in Florida are available to individuals who have lost their jobs through no fault of their own. The Florida Department of Economic Opportunity (DEO) administers the state’s unemployment insurance program, which provides temporary financial assistance to eligible workers. Claimants must meet certain eligibility requirements and actively seek employment while receiving benefits.
To qualify, employees must:
- Have earned sufficient wages in a recent base period
- Be actively seeking employment
- Not have been fired for misconduct
Unemployment benefits are administered through the Florida Department of Economic Opportunity (DEO), and claims can be filed online.
Unpaid Wages & Overtime Violations
Florida law requires employers to pay their employees timely and accurately. If an employer fails to pay wages owed, employees can file a wage complaint with the Florida Department of Labor or pursue legal action to recover unpaid wages. Florida follows the Fair Labor Standards Act (FLSA), requiring a minimum wage of $12 per hour (as of 2024), increasing annually. Employees classified as non-exempt under FLSA must receive overtime pay of 1.5 times their regular wage for hours worked beyond 40 per week.
Common wage violations include:
- Misclassifying employees as independent contractors
- Failing to pay minimum wage
- Withholding final paychecks
- Refusing overtime pay
Victims of unpaid wages can file claims with the Florida Department of Economic Opportunity (DEO) or take legal action.
Whistleblowers
Whistleblower protections in Florida shield employees who report illegal or unethical practices from retaliation. Under the Florida Whistleblower Act, employees who disclose information about their employer’s violations of laws or regulations are protected from adverse employment actions.
Wrongful Termination
Wrongful termination occurs when an employee is fired for illegal reasons, such as discrimination, retaliation, or breach of contract. Florida employees who believe they have been wrongfully terminated can file a complaint with the EEOC, the Florida Commission on Human Relations, or pursue legal action in court.
Although Florida is an at-will state, employers cannot fire employees for:
- Discriminatory reasons (race, sex, religion, age, disability)
- Retaliation for filing a complaint or participating in an investigation
- Taking protected medical or family leave (FMLA)
Employees can file wrongful termination claims with the EEOC or Florida Commission on Human Relations (FCHR) within 180–365 days, depending on the claim type.
EEOC Charges
The EEOC investigates complaints of employment discrimination. Employees who believe they have been discriminated against must file a charge with the EEOC before they can pursue a lawsuit. The EEOC will investigate the claim and may mediate a resolution or bring a lawsuit on behalf of the employee.
Employment Contracts
Employment contracts in Florida can outline the terms of employment, including duration, compensation, job responsibilities, and grounds for termination. Both parties must adhere to the terms of the contract, and breaches can result in legal action.
Some contracts include:
- Non-compete clauses
- Confidentiality agreements
- Severance pay terms
Florida employers are not required to provide written employment contracts, but when they do, they must be clear and legally enforceable.
Handbook Drafting
Similarly, an employee handbook is a valuable tool that sets workplace policies, behavioral expectations, and legal obligations. It should cover:
- Anti-discrimination and harassment policies
- Wage and overtime rules
- Disciplinary procedures
- Retaliation and whistleblower protections
Employee handbooks are essential for outlining company policies, procedures, and employee expectations. Properly drafted handbooks can help prevent legal disputes by clearly communicating workplace rules and standards.
Job Description Drafting
Accurate job descriptions are important for setting clear expectations and requirements for a position. They help in the recruitment process and can serve as a reference for performance evaluations and disciplinary actions.
Payroll Audits & Compliance
Payroll audits ensure that employers comply with wage and hour laws. Regular audits can help identify and correct payroll errors, ensuring that employees are paid correctly and that the company adheres to all relevant regulations.
Florida employers should conduct payroll audits regularly to ensure compliance with:
- Wage and hour laws
- Overtime regulations
- Tax reporting requirements
Payroll audits help prevent costly legal disputes and government fines. Employers must also correctly classify workers as employees or independent contractors to avoid misclassification penalties.
Workplace Training
Workplace training programs are essential for educating employees about company policies, safety procedures, and compliance with laws such as HIPAA and anti-discrimination regulations. Effective training can help prevent legal issues and promote a positive work environment. Many Florida businesses must provide mandatory workplace training to comply with state and federal laws. This includes:
- Sexual harassment prevention training
- HIPAA compliance training for healthcare workers
- Workplace safety training under OSHA regulations
Employers should document all training sessions to demonstrate compliance in case of an audit or lawsuit.
Understanding and complying with Florida labor and employment laws is crucial for both employees and employers. Staying informed about these regulations helps protect employee rights and ensures that employers maintain a lawful and fair workplace.
Need Some One-Time Advice?
Our experience in labor and employment law litigation allows us a unique perspective to understand what both sides need, providing legal services for employees and employers alike. In addition, we provide representation and counseling for medical practices and others in the healthcare industry to ensure that they are complying with strict rules and regulations to which they are bound. We also provide guidance for non-healthcare businesses to make sure that they are HIPAA compliant. For immediate assistance, call our offices in Jupiter, West Palm Beach, or Jacksonville, Florida today.
The courtroom is not necessarily the most fun place to be, but we thrive there. Our Florida law employment attorneys are passionate about defending our clients before a judge, bringing them justice when they have been wronged. We have a successful trial record and the experience you need. Not everyone is ready to take their employment dispute to trial. Not everyone needs to. But everyone can benefit from our affordable expertise. Perhaps you think you need an attorney to represent you in a disagreement with your employer or employee, when all you really need is some behind-the-scenes guidance. We are here to help.
At Scott Law Team, we recognize that finding a place where you can get a quick answer to your quick question is easier said than done. This is why we make it a point to always be available through our paid consultations. In talking with us, you might learn that you don’t have a case, but we can still bring you some peace of mind and knowledge of your rights. Contact our experienced Florida labor and employment law attorneys today. There is always a lawyer in the office ready to take your call. Call us, video teleconference us, or come in person to our Jupiter, Jacksonville, and West Palm Beach offices. It doesn’t matter how; the important thing is that you ask us your questions—we are here to answer them. We are a technology-driven office capable of video teleconferencing via Zoom as well. At the time of your consultation, come with any questions you might have—about policies, state laws, federal laws, or just general questions. From there, we can guide you to your next steps.
10 Common FAQs About Florida Employment Law
1. Is Florida an “at-will” employment state?
Yes, Florida follows the at-will employment doctrine, meaning employers can fire employees for any reason or no reason at all—as long as it’s not illegal. However, terminations based on discrimination, retaliation, whistleblowing, or contract violations can be challenged.
2. What qualifies as wrongful termination in Florida?
Since Florida is an at-will state, wrongful termination cases typically involve illegal reasons for firing, such as:
- Discrimination (based on race, gender, age, disability, religion, etc.)
- Retaliation for reporting workplace violations or filing complaints
- Breach of contract if the employee has an agreement outlining job security
- Violations of federal or state labor laws, such as FMLA rights or whistleblower protections
3. Does Florida have a minimum wage, and how does it compare to the federal rate?
Yes, as of 2024, Florida’s minimum wage is $12.00 per hour, which is higher than the federal minimum wage of $7.25 per hour. Florida’s minimum wage increases annually based on inflation and will continue to rise under Amendment 2 until it reaches $15 per hour by 2026.
4. Can my employer enforce a non-compete agreement in Florida?
Yes, Florida enforces non-compete agreements, but they must be:
- Reasonable in time and geographic scope
- Necessary to protect a legitimate business interest
- Limited to preventing unfair competition, not general employment opportunities
Courts may modify or void agreements that impose unreasonable restrictions on an employee’s ability to work.
5. What should I do if I experience workplace discrimination in Florida?
Employees who experience discrimination based on race, gender, disability, religion, age, or other protected categories should:
- Document incidents (dates, times, witnesses, and details)
- Report the issue to HR or a supervisor
- File a complaint with the Florida Commission on Human Relations (FCHR) or Equal Employment Opportunity Commission (EEOC)
- Seek legal assistance if the employer fails to act
6. How does Florida protect whistleblowers from retaliation?
The Florida Whistleblower Act protects employees from retaliation for reporting:
- Fraud or illegal activity
- Health and safety violations
- Wage and hour law violations
Employers cannot fire, demote, or harass an employee for reporting wrongdoing. If they do, the employee can seek legal action for damages and reinstatement.
7. Am I entitled to overtime pay in Florida?
Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive 1.5 times their regular pay for hours worked over 40 per week.
However, some salaried employees may be exempt from overtime, depending on their job duties and salary level. Misclassification of workers is a common violation, so employees should verify their legal classification.
8. What are my rights if I am harassed at work in Florida?
Employees have the right to a harassment-free workplace under Florida and federal laws. Workplace harassment includes:
- Sexual harassment (quid pro quo or hostile work environment)
- Bullying or verbal abuse based on protected characteristics
- Retaliation for rejecting advances or reporting misconduct
Victims should report the harassment internally and, if unresolved, file a complaint with the EEOC or FCHR. Employers are required to investigate and take corrective action.
9. Can I collect unemployment benefits in Florida if I am fired or quit my job?
You may qualify for unemployment benefits if you were fired without cause or laid off. However, benefits are not available if you were terminated for misconduct (e.g., violating company policy).
If you quit, you may still be eligible if you left due to good cause, such as:
- Workplace harassment or unsafe conditions
- A significant reduction in pay or hours
- Being forced to engage in illegal activities
Claims must be filed through the Florida Department of Economic Opportunity (DEO).
10. Are Florida employers required to provide workplace training?
While Florida does not mandate general workplace training, certain industries must provide:
- HIPAA training (for healthcare employees handling patient information)
- Sexual harassment prevention training (required for some government and corporate employers)
- Workplace safety training (for hazardous job environments per OSHA guidelines)
Employers who fail to provide required training may face liability issues and legal penalties.
Video FAQs
- Am I Entitled to Severance Pay?
- Are all employers covered under the Fair Labor Standards Act (FLSA)?
- Are non-compete agreements enforceable if I have been fired?
- Are non-solicit agreements enforceable?
- Are releases to allow a potential employer to access a credit report used to check the applicants criminal record?
- Are temporary employees able to file discrimination claims?
- Are there any special terms that apply to unions and employees under union contracts?
- Are there any time limits on when I must file a charge of discrimination?
- Can an employer dock my pay?
- Can an employer ever use race, gender, or age in employment decisions?
- Can an employer find out if I was fired for theft?
- Can an employer legally record phone conversations?
- Can employers monitor their employees’ internet usage or read their emails?
- Can I be an employee and also be an independent contractor for the same company?
- Can I be terminated for complaining about my job?
- Can I be terminated for posts on social media regarding my employers?
- Can I do anything about untrue statements that my former employer made about me to a potential employer?
- Can I recover punitive damages from my employment discrimination claim?
- Can my employer fire me because of my religious beliefs?
- Do employees have to be paid for travel time?
- Do I have a right to continue my health insurance after I am terminated from my job?
- Do I keep my health coverage if I am out of work under the family and medical leave act (FMLA)?
- Do the anti-discrimination laws protect only women and minorities?
- Does my employer have to accommodate my service animal?
- Does my landlord have to accommodate my service animal?
- How can I afford to hire an lawyer for my discrimination case?
- How do courts measure emotional damages in employment discrimination cases?
- How do I know if my employer discriminated against me?
- How do I learn more about my state’s employment laws?
- How do you prove pretext in an employment discrimination case?
- How does bona fide occupational qualifications apply to discrimination?
- How does the EEOC resolve discrimination charges?
- How long do I have to be employed at a job in order to be eligible for unemployment benefits?
- How long does it take to resolve a wage claim?
- How many hours of work per week is time considered part time?
- How many times can I appeal my disability claim?
- How old does a minor have to be to work?
- I am a federal employee do I have the same rights as private employees?
- I am in the armed forces and returning to work force do I have rights to my employment?
- I am in the reserves. Do I have rights to my job if I have weekend duty?
- I am under investigation by my employer and have been instructed to keep it confidential. Is that legal?
- I just found out that someone who was hired after I was is making more money than I am. Is that legal?
- I was fired without cause. What are my options?
- I’ve heard that florida is an at-will state. Do I really need an lawyer?
- If I am in a union, do all employment laws still apply?
- If I am in a union, what other laws might protect me in the workplace?
- If I prove that the employer’s stated reason is false or a pretext will I win my case?
- If I sue under the FLSA for wages I think I should have received, what might I get?
- If I’m working extra hours for the holidays will I be paid?
- If my employer is not providing me a private area for breastfeeding, is that legal?
- If my state’s minimum wage is different than the federal minimum wage, which do I get?
- Is an employer required to provide maternity parental or other leaves of absence?
- Is either the employer or the employee required to give notice of termination?
- Is my employer required to pay me for sick days, personal, days and holidays?
- Is my employment handbook a contract, and can I enforce the policies?
- Is there a deadline for bringing an employment-related claim?
- Must a company give a reason for not hiring, reassigning, failing to promote, or firing me?
- Must employers pay minors or young workers the same minimum wage?
- My employer is investigating complaints and told me during my interview that I can’t talk to my coworkers is this legal?
- My employment agreement says all disputes must be subject to arbitration. What does that mean?
- Should I sign an arbitration clause? What does it mean?
- What are false claims or qui tam laws?
- What are limited rights of probationary employees?
- What are the laws that protect people from employment discrimination?
- What can I do if I think a former employer blacklisted me?
- What can the courts do to remedy my claim of discrimination?
- What constitutes sexual harassment in the workplace?
- What damages are available in an employment discrimination case?
- What discriminatory practices are prohibited by the employment discrimination laws?
- What do employment at will and for cause mean?
- What does it mean when the insurance company says that my benefits are offset by other sources of income?
- What employers are covered by the ADEA?
- What happens after I file a claim with the EEOC or with my local state anti-discrimination agency?
- What if my employer retaliates against me for filing a claim of discrimination?
- What information must I provide if I file a charge of discrimination?
- What is a protected class?
- What is a serious health condition under the Family and Medical Leave Act (FMLA) ?
- What is an intake? Is it the same as a free consultation?
- What is considered overtime?
- What is necessary for a person to prove that he or she has a disability under the Americans with Disabilities Act (ADA)?
- What is severance pay?
- What is the difference in sex discrimination and harrassment in a federal workplace compared to a civilian workplace?
- What is unlawful employment discrimination?
- What is wage and hour law?
- What legal protections are afforded to at will employees?
- What notice must my employer give me about my Family and Medical Leave Act (FMLA) rights?
- What protections are there if I alert the authorities that my employer is cheating on taxes?
- What questions cannot be asked during an interview?
- What rights do transexuals homosexuals and transgenders have in the workplace?
- What should I do if I feel my company or employer has workplace hazards?
- What should I do if my employer refuses to give me my vacation pay?
- What types of damages can I recover for age discrimination?
- When does an employer have to pay overtime?
- When is the best time to hire a lawyer to help me with my disability claim?
- Who can be discriminated against at work?
- Who can file a charge of discrimination?
- Who enforces HIPAA?
- Who is a similarly situated employee?
- Will I get a reward for reporting illegal activities against my company?
Finding The Best Florida Employment Lawyer Near You
Finding the most qualified Florida employment lawyer near you requires researching attorneys with extensive experience in workplace disputes, discrimination claims, wage violations, and wrongful termination cases. Look for a lawyer who specializes in employment law and has a proven track record in handling cases similar to yours. Reviews, testimonials, and case results can provide insight into an attorney’s reputation and success rate. It’s also important to choose a lawyer familiar with both Florida employment laws and federal workplace regulations, ensuring they can effectively advocate for your rights. When searching for the “best employment attorney near me”, consider law firms offering free consultations, allowing you to discuss your case and assess whether they are the right fit. Whether you need help fighting unfair termination, wage theft, retaliation, or contract disputes, the right Florida employment lawyer can help you navigate the legal process and achieve the best possible outcome.
Employment Law Attorneys Serving Florida & Nationwide
- Cape Coral
- Fort Lauderdale
- Gainesville
- Hialeah
- Jacksonville
- Jupiter
- Miami
- Orlando
- Port St. Lucie
- St. Petersburg
- Tallahassee
- Tampa
- West Palm Beach
- Pembroke Pines
- Hollywood
- Gainesville
- Miramar
- Coral Springs
- Clearwater
- Palm Bay
- Pompano Beach
- Lakeland
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We do law, but it’s not our only passion. One of our core values as a business is sustainability – that is why we are honored to be a Florida-registered benefit corporation – and are proud to be one of the first Florida law firms to do so. We care about the environment and take steps in our office to make sure we are following the most eco-friendly business practices. We truly believe that when we utilize technology to its fullest capacity, everyone wins. That’s why we use tablets around our office and have virtually gone paperless. Not only does this benefit the environment, it also increases our efficiency in our document management, practice management, and our communication with our clients. Our Florida employment lawyers have a responsibility to our environment, just as we have a responsibility to our clients, and we don’t take our responsibilities lightly.