Employment Laws That Apply to Small Businesses in Florida

What employment laws apply to small businesses? The answer depends on how many people you employ and what work they do. Some Florida rules start at a set headcount. Others, like the state minimum wage, apply to every hour worked in Florida. This guide walks through the main rules in plain words. It is general information, and how a rule applies to your company depends on the facts. KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach. Kristina E. Wilson is the responsible lawyer for this page.

Which employment laws apply to a small business, and why headcount matters

Headcount decides coverage for several Florida discrimination rules, so owners should know their number. Florida’s civil rights law defines an employer as a person who employs 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Fla. Stat. § 760.02

That is a sustained test. A short spike in hiring does not meet it on its own. Fla. Stat. § 760.02 defines terms for the Florida Civil Rights Act of 1992, including “person” and “national origin.”

Other rules work differently. The state minimum wage amendment sets no headcount test in its text. It applies to employers and their employees across Florida. Owners should count staff carefully, then check each rule against that count.

Federal wage rules and how Florida borrows them

Federal wage definitions shape how Florida’s minimum wage rule works. Florida’s minimum wage amendment says “Employer,” “Employee” and “Wage” have the meanings set under the federal Fair Labor Standards Act and its rules. Fla. Const. art. X, § 24

The amendment also says federal case law developed under that Act should guide how Florida courts and agencies read the state rule. For a business owner, this means you cannot read the Florida rule alone. Who counts as an employee, and what counts as wages, starts with federal definitions.

Clear pay and time records for each worker make those questions easier to answer if a dispute comes up.

Florida minimum wage requirements for employers

Florida employers must pay at least the state minimum wage for all hours worked in Florida. The amendment set the rate at $10.00 per hour starting September 30, 2021. It then rose by $1.00 each September 30 until it reached $15.00 per hour on September 30, 2026.

Starting September 30, 2027, the rate rises each year with inflation. Each new rate takes effect on the following January 1. Fla. Const. art. X, § 24 Pay floors change every year, so a rate set once can fall out of date.

Florida also requires a state notice poster. Fla. Stat. § 448.109 says each employer that must pay the Florida minimum wage must prominently display the state’s notice poster where those employees work.

How many hours a week can an employee work?

Fla. Stat. § 450.081 sets weekly hour limits for minors, with different limits for those 15 years of age or younger and for those 16 and 17 years of age. Fla. Stat. § 450.081 sets the details.

Workers 15 and younger face tight limits. They may not work before 7 a.m. or after 7 p.m. when school is scheduled the next day. On a school day, those not enrolled in a career education program may not work more than 3 hours, unless there is no school the next day. They also may not work more than 6 consecutive days in one week.

Workers 16 and 17 may not work more than 30 hours in a week while school is in session. A parent or custodian, or the school superintendent, may waive that limit on a required form. The statute also lists exceptions, including for high school graduates and some hardship cases.

Adults follow a different rule.

Discrimination and retaliation rules

Florida’s civil rights law bars employers from discriminating against workers because of race, color, religion, sex, pregnancy, national origin, age, disability, or marital status. Under subsection (7) of Fla. Stat. § 760.02, for purposes of the Florida Civil Rights Act of 1992, the term “employer” means any person 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.

A worker who believes this happened may file a complaint with the Florida Commission on Human Relations, which makes that worker an “aggrieved person” under Fla. Stat. § 760.02. The person accused may file a verified answer within 25 days after the complaint is filed. Fla. Stat. § 760.11

Florida’s private whistle-blower law separately bars retaliation. Fla. Stat. § 448.102

E-Verify and other employer duties

Florida employers must verify each new hire’s work eligibility within 3 business days after the employee starts working for pay, and private employers with 25 or more employees must use E-Verify to do it, under § 448.095.

Fla. Stat. § 448.095

An employer also may not keep employing an unauthorized worker after learning that status. The EEOC recordkeeping requirements page covers them.

What employers are not allowed to do

Florida law bars employers and other parties from discriminating against, or taking adverse action against, any person in retaliation for exercising rights protected under the state minimum wage amendment. The minimum wage amendment is broad here. Fla. Const. art. X, § 24

Fla. Stat. § 448.095(7)(a) provides that this section must be enforced without regard to race, color, or national origin.

At-will employment has a limit. An at-will employee may be let go at any time. The firing still cannot be for a reason the law prohibits, such as retaliation or unlawful discrimination. Laguerre v. Palm Beach Newspapers

Can a small business pay under minimum wage?

Generally, no. Florida requires at least the state minimum wage for all hours worked in Florida. The amendment also allows one pay credit for tipped employees. An employer may count tips toward the minimum wage only for tipped workers who meet federal tip-credit requirements, and only up to the amount of the allowable FLSA tip credit in 2003. Fla. Const. art. X, § 24

The cost of underpaying can be high. A worker who wins a minimum wage suit recovers unpaid back wages plus the same amount as liquidated damages (extra damages). The worker also recovers reasonable attorney’s fees and costs. Fla. Stat. § 448.110

A court may reduce those extra damages if the employer proves good faith and reasonable grounds for believing it complied. Before suing, the worker must notify the employer alleged to have violated this section, in writing, of an intent to initiate such an action, and the employer then has 15 calendar days after receiving the notice to pay the unpaid wages or otherwise resolve the claim. An employer found liable for intentional violations faces a $1,000 fine per violation, payable to the state. Fla. Stat. § 448.109

When a workplace question becomes a dispute

A pay question, a complaint, or a demand letter usually calls for a close look at the facts and their dates first. Pay records, written policies, and the timing of any complaint often shape what comes next.

Dates matter. A retaliation claim has its own deadline, and a discrimination complaint runs on a 365-day clock. The questions below cover two of those points.

Owners who need ongoing help with these issues can work with KEW Legal’s employment law attorney for employers service. That work covers employer-side employee matters for business owners in Coral Gables, Sunny Isles Beach, and across Miami-Dade and South Florida.

Talk with KEW Legal about your workplace situation

If an employee has raised a pay concern, or you are weighing a schedule change or a termination, the next step is a conversation about your facts. You do not have to sort through these rules alone.

Call 305-990-2300 or send a message through our contact page. Our first consultation is free, confidential, and carries no obligation to continue.

Kristina E. Wilson is the responsible lawyer for this page. KEW Legal has offices in Coral Gables and Sunny Isles Beach. Bring your pay records, your handbook, and any written complaint, so the conversation starts with the facts.