Employment law is an umbrella term that is used to describe a broad range of legal issues associated with employees, employers, and safety conditions in the workplace. Some employment laws may apply to a case involving employment discrimination. At the same time, other employment laws can provide guidance when drafting company policies or employee handbooks.
The overall purpose of employment law is to regulate employment practices and protect all of those who are part of the workforce. Certain provisions of the law serve the following goals, among others:
- Establishing protection for employees in disputes with a colleague, employer, or company;
- Ensuring that businesses do not discriminate against prospective job candidates or current employees in any aspect of employment;
- Granting specific rights to those who are self-employed or who are considered to be independent contractors;
- Ensuring that employees, contractors, volunteers, and interns do not suffer from sexual harassment, discrimination, or retaliation while in the workplace.
It is important to note that employment laws may vary widely by state. Of course, federal employment laws apply in all states in the U.S. However, states also have their own laws, and they are different from state to state.
What this means is that the rights protected by one state may not be available in another state. For example, in New York, employees are entitled to paid breaks. In Florida, employees are not entitled to breaks. Additionally, some issues may be governed by both state and federal employment laws, such as pregnancy leave.
In terms of employee legal rights, some examples include:
- The right to a safe workplace;
- The right to be free from discrimination in the workplace;
- The right to overtime pay in certain circumstances.
Employees may also have other legal rights granted by an employment contract.
Many of the rights that are provided by employment laws are associated with the well-being and safety of employees in the workplace. For example, the federal Occupational Safety and Health Administration (OSHA) enforces laws and policies intended to protect employees from dangerous conditions and unsafe work environments. Many states also have laws that address workplace safety and health.
Florida has an Occupational Health and Safety Program (OHSP) that is part of the Florida Department of Health. The program’s goals are to characterize work-related injuries and illnesses and to use this information to inform prevention activities that can improve the health and safety of Florida’s workers. The OHSP is funded by a grant from the National Institute of Occupational Safety and Health (NIOSH).
An employee whose health or safety has been negatively affected by the conditions of their employment would file a complaint with federal OSHA. OSHA would then investigate the employment complaint in order to determine whether to issue sanctions against the employer or obtain a remedy for the employee.
What Is Florida’s Equal Pay Law?
Florida’s Equal Pay law requires employers to pay men and women who work in the same workplace the same amount if they do the same jobs. The responsibilities of the job and not the name of the job or the title that comes with it determine pay.
All the kinds of pay and benefits with which employees are remunerated are covered by the Florida Equal Pay Act. That includes bonus plans, stocks, profit sharing, and things such as commissions should also be paid in equal amounts. Reimbursement for travel expenses and benefits such as health insurance should also be offered on an equal basis.
The Equal Pay Act applies to every business in Florida that employs two or more people. There are exceptions if a business has a seniority system or a program that rewards the quality of work produced according to clear standards, not based on the gender of the employee, then a business may have pay differences. It is with such plans and programs as these that many businesses try to avoid equal pay rules.
What Is At-Will Employment?
At-will employment is a legal term that may describe the employment status of an employee. Specifically, the term means that the employee is being hired for an indefinite period of time, and their employer has the right to terminate their employment at any time, without cause, meaning for any or no reason. The term also means that the employee has the right to terminate their own employment at any time, for any or no reason.
Simply put, neither the employer nor the employee must state a justified reason for terminating the employment relationship. Any reason will be considered a proper basis for termination, including having no reason at all, so long as it is not considered to be illegal.
Most employment is considered to be at-will unless specific circumstances indicate otherwise. A person may have an employment contract that spells out terms and conditions other than at-will. Employers may have policies and procedures that establish an implied contract to the effect that employment is other than at-will.
What Are Some Examples of Specific Florida Employment Laws?
Some examples of Florida employment laws include the following:
- Florida permits pre-employment background checks, as well as drug testing;
- The state maintains laws associated with employee pay and benefits, such as payment of wages, wage deductions, and health care continuation;
- Florida entitles employees to specific types of leave or time off, including domestic violence leave, jury duty leave, witness leave, military leave, and Civil Air Patrol leave;
- The state prohibits smoking in the workplace, as well as texting while driving;
- Florida permits employees to carry a firearm in a privately owned motor vehicle while on employer property; and
- When a person’s employment ends, Florida employers must comply with all applicable final paycheck and job reference requirements;
- Under Florida paycheck laws, employers must provide their employees with a detailed paycheck that shows wages earned in a pay period, taxes deducted, and any other details relevant to the employee’s pay for that pay period.
Is It Legal to Work 8 Hours Without a Break?
In Florida, there is no law that requires employers to give an employee a break within an 8-hour work day or within any other period of time. If an employer provides a break time of 20 minutes or less, employees should be paid for the break time.
Employers, however, are not expected to pay employees for breaks longer than 20 minutes if the employee is free from work. So, if a person has a lunch break that allows them to leave the worksite, they do not have to be paid for this.
Most Florida employers offer meal or rest breaks, but a person should understand that neither the federal nor Florida laws mandate that employers give employees time off for lunch or short breaks during the work day.
Although no Florida legislation necessitates employers to provide meal and rest breaks, the federal labor rule mandates employees to be compensated for breaks that are viewed as a component of the workday. However, the provisions do not require employers to offer breaks.
But in Florida, employers are not expected to provide rest or meal breaks. If employers decide to provide these breaks and leave time, they are expected to adhere to specific guidelines.
So, if an employer provides a break time of 20 minutes or less, the employees are expected to be compensated for their time off. Employers, however, are not expected to pay employees for breaks longer than 20 minutes if the employee is free from work.
Is Lunch Required by Law?
A lunch break is not required by either federal or Florida state law. Most employers do, however, offer lunch breaks for a full-time employee as a matter of custom and as a practical matter, as most people need to consume a meal three times a day and may be tempted to eat while working if not given a lunch break. A local employment lawyer can answer any questions regarding these matters.
Do I Need an Attorney for Issues Associated With Florida Employment Law?
If you believe that you have not been treated fairly by your employer or that your employer is not obeying the law, you want to consult a Florida employment attorney. LegalMatch.com can connect you to an attorney who can explain Florida employment law and how it may apply to your situation. Your lawyer can guide you through any process to protect your rights, including appearances in court if that should become necessary.
You might be an employer and want to make sure that your policies and procedures comply with all Florida employment laws. If so, you, too, want to consult a Florida employment attorney who can help you establish compliant policies and procedures.
