What rights do employers have in Florida?
It is uncommon to hear employees’ complaint about Employers. It’s known to many what employers can’t do, such as discrimination based on gender, race and etc. Employers are not trained enough to know thus safeguard their rights. That’s what this article is written to summarize to help an employer un
What laws govern employment relationship?Employment Law is not a single law. Both federal and state law, in addition to applicable municipal law obligations are affecting the employment relationship.
Florida is generally considered an employer-friendly state.
Select Florida employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with both federal and state law.
An employer must also comply with applicable municipal law obligations affecting the employment relationship, in addition to complying with state and federal requirements.
The Florida Civil Rights Act.The Florida Civil Rights Act is interpreted in accordance with federal antidiscrimination laws and applies to employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.It prohibits employment discrimination based on the following factors:
Sex (including pregnancy);
Age (40 years or older); and
2. The State Worker Equal Pay Act.The State Worker Equal Pay Act prohibits discrimination based on sex in terms of employee compensation for all jobs that require equal skill, effort and responsibility and are performed under similar working conditions.
This law covers any employer with two or more employees if the employer is not subject to the federal Fair Labor Standards Act (FLSA).
3. Drug-Free Workplace Act.Under Drug-Free Workplace Act, employers may test their employees for drugs and alcohol to ensure the workplace is drug- and alcohol-free. Employers implementing a drug-free workplace program under the Drug-Free Workplace Act should ensure the program includes notice, education and testing procedures for both drugs and alcohol.
Nothing in the law requires employers to request that an applicant submit to a drug and alcohol test. If an employer intends to start a testing program, the employer must give affected employees 60 days' notice prior to beginning the actual testing.
Discharge or discipline of an employee, or refusal to hire based on a positive drug test or a refusal to be tested, is considered discharge or non-hire "for cause."
However, in Florida, an employer may not require an applicant to take an HIV-related test as a condition of hiring, promotion or continued employment unless the absence of AIDS or HIV infection is a bona fide occupational qualification for the job in question, such as where there is a significant risk of transmitting the infection to another in the course of normal work activities.
4. Florida's Minimum Wage Act.Florida*s Minimum Wage Act requires that the state minimum wage rate be adjusted for inflation. The current rate is $8.25 per hour. A separate minimum wage rate exists for tipped employees and there are exceptions to the state minimum wage rate.
DuplicationBe aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.