Nobody ever said running a business was a walk in the park. As an employer, you have a lot of balls in the air, and compliance is just one of them. One really, really important one that, if dropped, could cost you a whole lot of money.
In addition to federal regulations, each state has their own share of employment related laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements and laws, and offering guidance to help you keep up.
Bear in mind, this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.
Payroll Tax Accounts
Because Justworks reports state unemployment taxes on behalf of customers who utilize Justworks’ PEO services, employers will need to close their Florida unemployment and withholding accounts prior to joining the Justworks platform. Linked here are the steps you’ll need to take: Florida - State Unemployment Insurance.
Recruiting & Hiring Practices
E-Verify
Florida requires private employers with 25 or more employees to use E-Verify, which allows employers to electronically verify the employment eligibility of their new employees. E-Verify compares information from an employee’s Form I-9 to government records to confirm that the employee is authorized to work in the U.S.
State Regulation: Florida Statutes Section 448.095
Mineral*: Florida Employment Verification and New Hire Reporting
Independent Contractors
When classifying workers as employees or independent contractors, there are a few things to consider, including the different tests that apply under different federal and state employment laws, and potential penalties and other liabilities for misclassifying employees as independent contractors. Certain state laws apply tests that are more stringent than the guidance provided by federal agencies, such as the IRS and Department of Labor, to apply in conjunction with federal laws.
You can read our general Help Center article on contractors, and view information on how to determine if someone is a contractor or employee in Florida in the relevant section at the link below.
Mineral*: Florida Independent Contractors
Pay Requirements
Minimum Wage & Overtime
Florida’s minimum wage requirement is higher than the federal minimum wage. Florida rules on overtime, minimum wage, and exempt salary thresholds can be found here:
Florida Department of Economic Opportunity: Florida Minimum Wage
Mineral*: Florida Minimum Wage and Overtime
Meal and Rest Laws
Florida does not require you to provide your employees with meal and rest periods unless those employees are 17 years old or younger**. With a few exceptions, these employees are not allowed to work for more than four hours without a 30-minute uninterrupted meal break.
In addition, minors are also not allowed to work for more than six consecutive days in any one week. For more information regarding Florida child labor laws and meal rest periods, visit the link below.
Mineral*: Florida Meal and Rest Periods
Leave
Paid Time Off and Other Paid Leave Requirements
Florida does not require employers to provide employees with paid time off, vacation benefits, or sick leave. However, if you choose to provide these benefits, you must comply with the terms of your established policies.
Florida requires employers with 50 or more employees to provide eligible employees with up to three days of leave in a twelve-month period if the employee of a family or household member is a victim of domestic violence. This leave may be paid or unpaid. For more information on domestic violence leave requirements, you can visit the link below.
State Regulation: Florida Statutes Section 741.313
Harassment & Discrimination
In addition to protections under federal law, Florida law prohibits employment discrimination based on membership in any protected class by employers covered under Florida’s anti-discrimination laws.
State Regulation: Florida Statutes 760.01-760.11
Mineral*: Florida Employment Discrimination and Accommodations
To provide additional support in this area, Justworks has teamed up with EVERFI to offer customers free access to a suite of harassment prevention and inclusion trainings.
Separation
Florida law does not specify when an employer must issue an employee’s final wages; however, it is recommended that final wages be issued on the next regularly scheduled payday.
There is no general requirement that your business pay out unused vacation or paid time off under Florida law. Instead, employers must comply with the terms of their employment policies and contracts, which should cover these issues.
It is important to be clear in your written policies and contracts as to whether or not you are going to pay out unused vacation or paid time off upon an employee’s separation.
Mineral*: Florida Separation
Business Closings and Layoffs
The Federal WARN Act imposes certain notices and other obligations on covered businesses before conducting large-scale business closures, layoffs, or relocations. For more information, visit the links below.
U.S. Department of Labor: Worker Adjustment and Retraining Notification (WARN) Act Advisor
Notes
*Be sure you’re logged into your Justworks account with administrative permissions to access Mineral.
**Per Justworks’ Terms of Use, Justworks will co-employ individuals who are 16 and older.
Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.