Florida Employment Law Vs. Federal
The federal government administers federal employment laws; the state government sets the state employment laws. The state of Florida has its own labor laws, which may equal or differ from federal law.
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Agencies
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The U.S. Department of Labor administers the federal labor laws. According to the department, it administers more than 180 federal labor laws, which apply to approximately 10 million employers and 125 million workers. Florida's Agency for Workforce Innovation is the state's leading workforce agency, directly responsible for administering the state unemployment and workforce development programs.
Regulations
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The federal minimum wage is $7.25 per hour, effective July 24, 4009. Effective January 1, 2010, Florida's minimum wage stays the same as the federal minimum wage. Notably, the U.S. Department of Labor says when federal and state law apply, the employer should use the one that benefits the employee the most. The federal minimum wage for tipped employee is $2.13 per hour; however, Florida requires a direct hourly wage of $4.23 per hour.
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Considerations
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Florida overtime law is similar to the federal overtime laws, which says nonexempt employees must be paid overtime for work hours exceeding 40 for the workweek. However, Florida law has an exception: employees who perform manual work must receive premium pay for hours exceeding 10 for the workday unless a written policy says otherwise. Florida also has other laws that federal law does not cover, such as new hire reporting requirements and a work opportunity tax credit program.
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References
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