Examples of Unfair Labor Practices in Florida: What Employers Should Know

Common examples of unfair labor practices in Florida include firing a worker for joining a union, while discrimination, retaliation, and wage violations arise under separate statutes. The phrase comes from federal labor law, and Florida has separate laws that cover related conduct. This guide groups the examples by the law behind each one, so employers can see which rules apply.

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. Our team focuses on business and employment matters for employers.

What Is an Unfair Labor Practice, and Where Does It Apply?

An unfair labor practice is conduct that a labor law forbids, mostly in the setting of unions.

The National Labor Relations Act gives employees the right to organize, join a union, and bargain together. It also gives them the right to stay out of those activities. The unfair labor practice provision of the National Labor Relations Act states that it shall be an unfair labor practice for an employer to dominate or interfere with the formation or administration of any labor organization, or to discriminate in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization.

Other laws cover different problems. Discrimination, minimum wage, and retaliation each come from their own statute. A federal agency, the National Labor Relations Board, handles most private-sector union charges.

Under the federal provision on employee rights, employees have the right to self-organization and to form, join, or assist labor organizations. Knowing these areas helps you spot risk early. For a broader overview, read our guide to problem employees.

Union-Related Examples Under Federal Labor Law

The most common union example is firing or disciplining a worker for joining or supporting a union. Under the unfair labor practice provision of the National Labor Relations Act, it is an unfair labor practice for an employer to discriminate in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization.

Other examples include interfering with workers who are organizing. Dominating a labor group or paying support to it is another example. Federal law names both in the same section.

A practical point for employers: timing draws attention. A firing that follows closely on a union vote can look like retaliation, even when a performance reason is given. Dated reviews written before the union activity are easier to explain than reasons written afterward.

Discrimination and Harassment Examples Under Florida Law

Refusing to hire, promote, or pay someone because of a protected trait is a common example of employment discrimination. Fla. Stat. § 760.10 generally prohibits an employer with 15 or more employees from discriminating based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.

The same statute covers job ads. Printing an ad that shows a preference based on those traits is unlawful. Punishing someone who opposed a discriminatory practice or took part in a complaint is also unlawful.

Harassment that makes the workplace hostile for a protected group is another type of complaint. Treating part-time or caregiving staff differently can raise questions when the difference tracks a protected trait.

You may also hear about the 80% rule. The four-fifths (80%) rule, set out at 29 C.F.R. § 1607.4(D) in the federal Uniform Guidelines on Employee Selection Procedures, is a screening guideline for spotting possible adverse impact It is a warning sign, not proof of a violation.

The Florida Commission on Human Relations FAQ lists a 365-day deadline for filing an employment-discrimination complaint. Confirm which deadline fits your facts.

Wage and Hour Examples for Employers

Paying below the minimum wage or skipping required overtime are common wage-and-hour examples. Florida’s minimum wage rule appears in Fla. Const. art. X, § 24. If a worker prevails on a Florida minimum wage claim, the remedies under Fla. Const. art. X, § 24 include unpaid back wages, an equal amount as liquidated damages (an added sum), and reasonable attorney’s fees and costs.

This federal wage provision states that every employer shall pay to each employee who in any workweek is engaged in commerce or in the production of goods for commerce wages at rates not less than specified hourly amounts. This federal provision states that, except as otherwise provided in this section, no employer shall employ any employee who in any workweek is engaged in commerce or in the production of goods for commerce for a workweek longer than forty hours unless the employee receives compensation for hours above that limit at a rate not less than one and one-half times the regular rate at which the employee is employed.

Common examples include off-the-clock work, unpaid tasks before or after a shift, and pay rounding that always favors the employer. Deductions that drop pay below the minimum are another example.

Calling a worker an independent contractor does not settle the question.

Federal law also lets a court reduce or remove liquidated damages when an employer shows good faith and reasonable grounds.

Retaliation and Whistleblower Examples

Retaliation is one of the most serious examples because it punishes the complaint itself. For employers with 10 or more employees, Fla. Stat. § 448.102 generally protects a worker from retaliation when the worker objects to, or refuses to take part in, an unlawful act under a law, rule, or regulation.

Reporting to a government agency has an extra step. For a disclosure under § 448.102(1), the worker must first bring the issue to the attention of a supervisor or the employer in writing. The employer must also have a reasonable chance to fix it.

Notice affects recovery too. Under Fla. Stat. § 448.103, a claim based on a disclosure under § 448.102(1) is barred if the required written notice was not given. That section also sets a filing window: 2 years after discovering the action, or 4 years after it was taken, whichever is earlier.

Other retaliation rules exist. Fla. Stat. § 440.205 bars discharging or intimidating an employee for a valid workers’ compensation claim. The minimum wage provision also bars retaliation for asserting those rights.

Consider a manager who cuts an employee’s hours a few weeks after a pay complaint. The timing alone draws scrutiny. The records showing the reason for the change will matter most.

Grievances, Internal Complaints, and Keeping Records

A union grievance and an internal complaint are different tools. Start by asking whether a union contract applies to the workplace.

A grievance under a union contract follows the steps in that agreement. An internal complaint in a non-union workplace follows the employer’s written policy. The process a worker uses matters.

Employers should keep records that make reviews workable. That includes the written complaint procedure, any anti-harassment policy, dated notes of what was said, relevant messages, and pay records. Keep them accurate and in one place.

Workers should keep similar notes. Dated, factual notes about what happened, who was present, and what was said are useful. Agency deadlines can be short, so confirm the one that applies.

Next Steps for Employers and Workers

Start by matching each complaint to the law that covers it. Then write down what happened and when.

Next, identify which agency or court may have jurisdiction. One workplace issue can touch more than one law. A discrimination complaint and a retaliation complaint can arise from the same decision.

KEW Legal describes its employer-side work on the employment law attorney for employers page.

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