What to Know About Day Labor Laws in Florida

Day laborers play a crucial role in Florida’s economy. They often perform temporary jobs in construction, landscaping, and other industries. However, these workers—and their employers—face unique regulatory challenges. In this article, you will find an overview of key points to know about day labor laws.

Florida Primarily Follows Federal Law for Day Labor Regulations

Florida has day labor regulations in place. For example, under Florida law (Florida Statute § 448), ten hours of labor is a legal day’s work. With that being said, the state primarily follows federal law for day labor requirements, including the federal Fair Labor Standards Act (FLSA).

Minimum Wage and Overtime Protections Apply to Day Laborers 

Day laborers in Florida are entitled to minimum wage and overtime protections under both federal and state law. The Fair Labor Standards Act (FLSA) mandates that non-exempt workers, including day laborers, receive at least the federal minimum wage of $7.25 per hour. However, Florida law provides stronger protections, with a state minimum wage of $12.00 per hour (as of 2024). Florida’s minimum wage is scheduled to rise gradually over the next several years to adjust for inflation.

Overtime laws also apply. If a day laborer works more than 40 hours in a workweek, they are generally entitled to 1.5 times their regular pay rate unless classified as an independent contractor. Employers who fail to meet these wage requirements may face penalties. Though, in Florida, a day laborer would not be entitled to overtime pay if they work one ten-hour day in Florida. Overtime pay would apply in excess of ten hours per day or in excess of 40 hours per week.

A Day Laborer Must Be Properly Classified (Employee vs. Independent Contractor) 

Day laborers in Florida must be properly classified. As a general rule, a laborer hired on a short-term basis will generally be classified as either an employee or independent contractor. Why does it matter? The classification determines their rights and protections under state laws and federal law. Employees are entitled to minimum wage, overtime pay, workers’ compensation, and unemployment benefits. Independent contractors, however, do not receive these protections. Further, independent contractors are responsible for their own taxes and insurance coverage.

Day laborers are not automatically classified as independent contractors. Quite the contrary, many of them should be classified as employees under Florida state law and federal requirements. Florida follows a “right to control” test, which assesses how much control an employer has over the worker. If the employer dictates when, where, and how work is performed, the worker is likely an employee. Independent contractors have more autonomy.

Note: Day laborers who believe they have been misclassified can file a complaint. An experienced Florida employment law attorney can help.

 Get Help From Our Florida Employment Attorney Today 

Day labor laws can be complicated. If you are an employer or employee with any specific questions or concerns about day labor regulations—either under Florida law or federal law—please do not hesitate to contact an employment law attorney for immediate assistance.