About Florida Labor Laws and Lawyers

Florida’s state labor laws were established to safeguard employees’ rights there. Florida workers should carefully consider what rights they have in relation to their employment and working conditions. The state’s laws specify the steps workers can take to safeguard these rights.

What Is Wrongful Termination?

Wrongful termination refers to firing an employee for an illegal reason, such as a breach of a contract or a violation of federal anti-discrimination statutes.

An employee usually has a strategy for resigning from their job or at least has some concept of when they would like to quit to look for other employment chances when they are unhappy in their current workplace.

When someone is fired under circumstances that constitute wrongful termination, however, they can’t take a planned leave of absence since they may feel angry, wounded, or bewildered and may not fully comprehend the situation. In fact, a lot of workers who have been unlawfully terminated are unaware that they may have options to improve their circumstances or

Employment is “at-will” in Florida and many other states, meaning an employer may terminate it for any reason or no reason. This may create some ambiguity, particularly if you were fired without or with little notice as an employee and are unsure about your dismissal’s circumstances.

Despite this, every situation is different, and other employment discrimination laws can protect you; there are some circumstances in which it is illegal to fire an employee. A hostile work environment or reporting illegal activities as a whistleblower when you see it might lead to wrongful termination.

Florida: Part-time vs. Full-Time

No state regulation in Florida specifies the minimum number of hours a worker must put in to qualify as a full-time employee. Most businesses consider 40 hours a week to be full-time and anything less to be part-time. Nevertheless, less than 40 hours per week may still be regarded as full-time in some occupations. To learn if they are part-time or full-time employees at the organization, workers may inquire with their HR department.

Overtime in Florida

Florida abides by federal law rather than having any state-specific regulations regarding required overtime. According to federal law, an employer has the right to demand that an employee work as many hours as necessary.

Overtime pay is due to any employee who works more than 40 hours per week. In Florida, overtime pay is calculated as 1.5 times the usual hourly wage. You are entitled to overtime pay if you work more than 40 hours a week as a salaried employee and make less than $50,440 annually.

Florida Health Benefits

Any business with 50 or more full-time workers is required to provide health insurance. This program must pay at least 60% of average medical expenses. However, part-time workers are not entitled to these perks.

It is crucial to remember that health insurance rules could change soon, and workers should speak with a local attorney in case any new laws are passed.

Discrimination in Florida

Racial discrimination can range in severity and start with occasional, harmless joking or taunting, but if left unresolved, it can develop into a very dangerous and serious problem. The majority of people who are the targets of racial discrimination at work go through unacceptably much discomfort and stress and are unable to perform their job obligations.

In Florida, it is against the law to discriminate against workers. If you believe your employer has discriminated against you, you should report it to the Florida Commission on Human Relations, the local state agency. The Commission will then look at your claims after that. Additionally, a worker can file with the Equal Employment Opportunity Commission.

Two statutes in Florida shield both public and private employees from punishment if they report workplace discrimination.

Direct and indirect racial discrimination in the workplace exists. Direct racial discrimination occurs when someone is treated unfairly or worse than others due to their race or skin color or because they are associated with another person or group of persons who share the same color, race, or other protected characteristics.

Direct racial discrimination examples include writing up a worker because their cultural haircut or hair texture doesn’t adhere to the business professional attire requirement or making fun of a worker because their skin tone is different from that of other workers.

When a company-wide policy is followed yet is damaging or disadvantageous to a group of people who are of a certain color or race, it is indirect racial discrimination. This may be an instruction, custom, or arrangement established by the employer. For instance, a manager who establishes a rule prohibiting employees from using any language other than English while on company premises would be engaging in indirect racial discrimination.

A victim of racial discrimination has 180 days, which may be extended by state regulations, to file a complaint with the EEOC. It takes 45 days for federal employees to speak with an EEO counselor.

An employee must currently or previously work for an employer with 15 or more employees to be eligible to file a claim for racial discrimination.

Make sure to submit your claims on time. If you intend to suit later under state law, you must file a complaint with either agency within a year of the date the discrimination occurred. If you need to bring a lawsuit under federal law, you have 300 days from the date of the discrimination to do so.

Additionally, the maximum punitive damages award in Florida is $100,000. Additionally, the total award is capped at $100,000 if you’re suing the State of Florida or another governmental body in Florida.

Leave in Florida

Only workers employed by businesses with 50 or more employees that operate in multiple states are protected under the federal Family and Medical Leave Act (FMLA). A worker is entitled to up to 12 weeks of unpaid leave, medical and health benefits during that time, and the ability to resume their employment upon their return under the FMLA. FMLA may cover part-time workers since it is applicable to those who have worked at least 1,250 hours in a calendar year.

Additionally, Florida offers domestic violence leave to businesses with at least 50 workers. An employee who is a victim of domestic violence is entitled to three days off every year. Whether the time off is compensated or unpaid is up to the employer.

Identification of a Hostile Workplace

Employees experience varying degrees of improper or unpleasant conduct at work every day in the United States. Situations could include:

• Being the target of harassment by a coworker or management.
• Having rumors and lies repeated.
• Seeing verbal or physical assault.

Someone is creating, promoting, or hosting a hostile work environment when they enable forms of discriminatory harassment against one or more employees.

Even though harassment of any kind is wrong, if it happens at work and is not serious enough to create a hostile work environment, it is not considered illegal in the eyes of the law.

An illustration of this would be an unpleasant boss; legally speaking, they are not at fault unless they infringe on the rights of employees or members of protected classes or create a hostile workplace that prevents people from carrying out their duties. Many employees may find this puzzling when dealing with hostile managers or coworkers, but it’s crucial to distinguish between rude behaviors and criminal activities.

Where Can I Find a Nearby Attorney Who Can Assist Me?

Get in touch with a local Florida labor attorney immediately if you believe you are not receiving the fundamental rights and protections provided by your state’s labor laws. A Florida attorney can help protect your rights.