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Solo & Small Firm Section
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employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year , and any agent of such a person .” Again , there can be some local exceptions . Specifically , Hillsborough County has a local ordinance that reduces the number of employees from 15 to 5 . This means an employer with five or more employees could be held liable for employment discrimination .
Under Florida State and Federal labor laws , it is illegal to terminate , demote , harass , refuse promotion , alter benefits , change job duties , or in other words — retaliate , against an individual for filing a complaint or lawsuit against an employer for discrimination or harassment . Employees are similarly protected if their claim gets dismissed later . Laws also exist to prevent employers from retaliating against employees for participating in protected activities . Florida ’ s Whistleblower Act , for example , is designed to shield employees from retaliation should they report or refuse participation in any activities that violate the law , and the Act defines an employer as “ any private individual , firm , partnership , institution , corporation , or association that employs ten or more persons .”
Florida ’ s Workers ’ Compensation law protects employees who file and pursue a workers ’ compensation claim from retaliation , regardless of whether the claim is approved or denied . Under Florida Statute Section 440.205 , an employer cannot terminate , threaten to terminate , intimidate , or coerce an employee because the employee is filing or has previously filed a valid workers ’ compensation claim .
Wage and hour laws are another vital consideration . Under the Florida Minimum Wage Act , firms must guarantee that all employees receive at least the state-mandated minimum wage . Furthermore , overtime should be duly compensated . Compliance in this area can prevent potential claims of wage theft or underpayment . The Florida Minimum Wage Act defines an employer as “ any person who employs two or more employees .” The Fair Labor Standards Act ( FLSA ) is a federal law which establishes minimum wage , overtime pay eligibility , recordkeeping , and child labor standards affecting full-time and part-time workers in the private sector and in Federal , State , and local governments . All employees that hold positions determined to be covered under the mandatory overtime provisions of the FLSA are covered . Overtime-eligible employees must be compensated with overtime pay or compensatory time for all hours worked in excess of 40 in a single workweek . Overtime pay is not required by FLSA for exempt employees .
Employee classification can be a tricky area , and it ’ s one where many firms , especially smaller ones , might
falter . Pay rate , job duties and responsibilities are all key factors in determining if an employee is exempt or non-exempt . There may be temptation to categorize workers as independent contractors rather than employees , but improper classifications can open the door to significant liabilities . Independent contractors generally perform their work one job at a time and are paid by the job . An employee is paid for his time . If the service provided by the worker is an integral part of the service the employer provides to the public , the worker is more likely to be an employee . Firms must understand the distinction and classify their staff appropriately under the Fair Labor Standards Act and Florida ’ s stipulations .
The fluid nature of employment law cannot be stressed enough . Regulations change , and judicial interpretations evolve . Joining local legal associations or subscribing to Florida-specific employment law updates can be invaluable . It ensures that the firm remains at the forefront of any legal shifts , ready to protect itself and aptly advise its clients . So , while solo and small law firms have the benefit of flexibility and a personal touch , it ’ s vital that they navigate Florida ’ s employment laws with vigilance . n
Author : Jason Imler – Imler Law
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