Florida Employment Laws
Although Florida, like other states, practices at-will employment, which is a doctrine that allows your employer to terminate your employment for any reason and at any time, it is very difficult to overcome this presumption in the state. In most states, you can overcome the presumption if you have an employment contract. However, in Florida, your contract must specify a definite term of employment. Therefore, understanding this and other employment provisions is helpful.
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Whistleblower Statute
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Pursuant to Code Section 112.3187, Florida law prohibits employers from disciplining, dismissing or taking any other adverse action against employees for disclosing any violation, or suspected violation, of a state statute or regulation that poses specific danger to the welfare, safety and health of the public.
According to Findlaw, you can also disclose to any state authority any “act of gross management malfeasance, gross public waste of funds or gross neglect of duty.”
This provision provides whistleblower protection to both private and public employees in the state. If you work for a state agency and your employer retaliates against you for reporting one of the provisions contained under this statute, you can bring civil action within 180 days after receipt of investigation from a local government agency.
Similarly, if you are a local public employee who is a victim of retaliation, you must file a complaint with a local government entity within 60 days from the violation. You can also bring civil action within 180 days after the local government entity makes a ruling on the case.
A court of law or local government entity may order your employer to reinstate you to your position and provide compensation for lost wages, back and full benefits. An injunction and/or temporary reinstatement may also be ordered.
Right to Work Coverage
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Article I Section 6 of the Florida Constitution provides employees with the right to join, or the freedom not to join, various labor organizations in the state. As a result, employers may not deny you employment because of your affiliation, or the lack thereof, to a labor organization.
Similarly, employees have the right to bargain collectively through labor unions in the state without fear of retaliation from employers.
Despite these provisions, Florida law prohibits public employees from organizing strikes.
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Minimum Wage
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Florida minimum wage, as of June 2010, was $7.25 per hour, which reflects the federal minimum wage rate adopted on July 24, 2009.
As is the case in most, if not all, states, the rate for tipped employees is different. In Florida, if you are a tipped employee, your employer must pay you a minimum of $4.23 per hour in addition to your tips.
Florida law warns employers not to retaliate against employees for exercising their right under this provision to receive this minimum wage.
If you are an employee who has not received the lawful minimum wage, you must inform your employer of the wage issue and give them 15 days to resolve the claim for unpaid wages. If your employer does not resolve the issue, the law authorizes you to bring a civil claim against your employer in court. If your employer is found guilty, a court could order back wages, damages and attorney fees.
Any employer that intentionally violates the state’s minimum wage provision may face a fine of up to $1,000 per incident. In addition, the Office of the Attorney General may file a civil suit against the employer to enforce the minimum wage.
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References
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