Florida Employment Law

Florida Civil Rights Act covers employers with 15+ employees with a 365-day filing deadline. Includes unique protections for sickle cell trait and AIDS/HIV status. At-will and right-to-work state.

At-Will

Yes

Right-to-Work

Yes

EEOC Deferral

300 days

Min. Wage

$14.00

Florida State Laws (6)

FCRA

Fla. Stat. §§ 760.01-760.11

365 days
15+ employees

Florida's primary anti-discrimination employment statute prohibiting discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap/disability, marital status, and AIDS/HIV status. Closely mirrors federal Title VII but includes additional state-specific protected classes such as marital status, AIDS/HIV, and sickle cell trait.

Protected Classes

racecolorreligionsexpregnancynational originagehandicap/disabilitymarital statusAIDS/HIVsickle cell trait

Key Provisions

  • Closely mirrors federal Title VII but with 365-day filing deadline
  • Includes marital status, AIDS/HIV, and sickle cell trait as protected classes
  • Must exhaust administrative remedies with FCHR before filing suit
  • Damages are capped based on employer size, similar to Title VII caps
  • FCHR investigates complaints and may issue a determination of reasonable cause
  • After FCHR determination, complainant may petition for administrative hearing or file in court

Remedies

Back payCompensatory damages (capped based on employer size)Punitive damages (capped based on employer size)ReinstatementAttorney fees and costsInjunctive relief

FL Whistleblower (Public)

Fla. Stat. §§ 112.3187-112.31895

60 days
1+ employees

Protects public-sector employees in Florida from retaliation for disclosing information about violations of law, rule, or regulation; gross mismanagement; gross waste of funds; or actions that create a substantial and specific danger to public health, safety, or welfare. Provides a robust complaint process for government employees.

Key Provisions

  • Protects public employees who report violations of law or gross mismanagement
  • Covers reports of waste of funds and dangers to public health or safety
  • Requires disclosure to be made through proper channels (chief executive or inspector general)
  • Prohibits retaliation including termination, demotion, suspension, or transfer
  • May file complaint with the Florida Commission on Human Relations if retaliation occurs

Remedies

ReinstatementBack payRestoration of benefitsCompensatory damagesReasonable attorney fees and costs

FL Whistleblower (Private)

Fla. Stat. § 448.102

days
1+ employees

Provides limited whistleblower protections for private-sector employees in Florida. Prohibits employers from retaliating against employees who disclose or threaten to disclose employer activities that violate a law, who provide information to a government agency investigating an employer violation, or who refuse to participate in an illegal activity.

Key Provisions

  • Protects private employees who report employer legal violations
  • Requires written notice to employer before external disclosure
  • Employer must be given reasonable opportunity to correct the violation
  • Prohibits retaliation for testifying or providing information in investigations
  • Prohibits retaliation for refusing to participate in illegal activities
  • More limited than the public-sector whistleblower protections

Remedies

ReinstatementBack payCompensatory damagesReasonable attorney fees and costs
File with: Private lawsuit (state court)Within applicable statute of limitations (private lawsuit)

FL Minimum Wage

Fla. Const. Art. X, § 24

days
1+ employees

Florida's minimum wage is established by constitutional amendment and provides a state minimum wage above the federal level. The minimum wage increased incrementally to $15 per hour as of September 2026. Applies to all employers and provides for annual inflation adjustments thereafter.

Key Provisions

  • Constitutionally mandated minimum wage
  • Reached $15 per hour through scheduled annual increases
  • Applies to all employers regardless of size
  • Annual inflation adjustments after reaching $15
  • Employers must post the current minimum wage rate in a conspicuous place
  • Prohibits retaliation for exercising minimum wage rights

Remedies

Unpaid wagesLiquidated damagesAttorney fees and costs
File with: Private lawsuit or Florida Department of Economic Opportunity2 years for unpaid wage claims

FL DV Leave

Fla. Stat. § 741.313

days
50+ employees

Florida law requires employers with 50 or more employees to provide up to 3 working days of leave per 12-month period to employees who are victims of domestic violence or sexual violence. Leave may be used for medical treatment, obtaining services from a victim-services organization, mental health counseling, seeking legal assistance, or making the employee's home secure.

Protected Classes

victims of domestic violencevictims of sexual violence

Key Provisions

  • Up to 3 working days of leave per 12-month period for DV/sexual violence victims
  • Leave may be paid or unpaid at employer's discretion
  • Covers medical treatment, counseling, legal aid, and safety arrangements
  • Employer must keep information about the domestic violence confidential
  • Prohibits retaliation for requesting or taking DV leave
  • Applies to employers with 50+ employees

Remedies

ReinstatementBack payCompensatory damages
File with: Private lawsuit (state court)Private lawsuit under applicable statute of limitations

FL Wage Payment

Fla. Stat. §§ 448.08, 448.110

days
1+ employees

Florida's wage payment statutes provide employees with the right to recover unpaid wages through private lawsuits. Section 448.08 provides for recovery of unpaid wages along with an equal amount as liquidated damages (double damages), attorney fees, and court costs. Section 448.110 governs the timing and method of wage payments.

Key Provisions

  • Section 448.08 provides for recovery of unpaid wages plus liquidated damages
  • Liquidated damages equal to the unpaid wages (effectively double damages)
  • Prevailing employees recover attorney fees and court costs
  • No state administrative process — private lawsuit required
  • Florida does not have a state department of labor for private-sector wage claims
  • Section 448.110 governs timing and method of wage payments
  • Employees are entitled to be paid at least semimonthly

Remedies

Unpaid wagesLiquidated damages (equal to unpaid wages — double recovery)Reasonable attorney feesCourt costs
File with: Private lawsuit (state court)5 years for unpaid wage claims (per contract statute of limitations)

Local Ordinances in Florida (12)

Miami-Dade County

MDC HRO

Miami-Dade Code Ch. 11A

180 days
5+ employees

Broad county-level anti-discrimination ordinance that protects more classes than federal or Florida state law, including sexual orientation, gender identity/expression, and source of income. Covers employers with 5 or more employees.

Protected Classes

racecolorreligionancestrynational originsexpregnancyagedisabilitymarital statusfamilial statussexual orientationgender identity or expressionsource of incomestatus as a victim of domestic violence
Miami-Dade County

MDC Wage Theft

Miami-Dade Code Ch. 22

365 days
1+ employees

First county-wide wage theft ordinance in the US. Provides a local administrative process for workers to recover unpaid wages without needing to hire an attorney. Hearing officers can award treble damages (3x unpaid wages).

Protected Classes

all employees performing work in Miami-Dade County
Miami-Dade County

MDC Domestic Leave

Miami-Dade Code Ch. 11A, Art. VIII, §§ 11A-60 to 11A-69

365 days
50+ employees

Provides up to 30 days of unpaid leave per 12-month period for employees who are victims of domestic or repeat violence. Leave may be used for medical treatment, legal assistance, court appearances, and safety arrangements.

Protected Classes

victims of domestic violencevictims of repeat violence
Miami-Dade County

MDC Family Leave

Miami-Dade Code Ch. 11A, Art. V

365 days
50+ employees

Expands federal FMLA by allowing leave to care for a grandparent with a serious health condition. Same terms and conditions as FMLA apply.

Protected Classes

employees caring for grandparents with serious health conditions
Pinellas County

Pinellas Wage Theft

Pinellas County Code Ch. 24, Art. XI

365 days
1+ employees

Provides a local administrative process for workers in Pinellas County (including St. Petersburg, Clearwater, and surrounding cities) to file wage theft complaints and recover unpaid wages.

Protected Classes

all employees performing work in Pinellas County
Hillsborough County

Hillsborough HRO

Hillsborough County Ordinance 00-37

180 days
5+ employees

Prohibits employment discrimination in Hillsborough County (Tampa and surrounding areas). Provides local enforcement of anti-discrimination protections through the Hillsborough County Board of Human Rights.

Protected Classes

racecolorreligionsexnational originagehandicap/disabilitymarital status
Broward County

Broward HRA

Broward County Code Ch. 16½

365 days
5+ employees

Local anti-discrimination ordinance covering Fort Lauderdale and surrounding Broward County. Includes protections for sexual orientation and gender identity that go beyond Florida state law. One of the most comprehensive county-level protections in Florida.

Protected Classes

racecolorreligionancestrysexpregnancysexual orientationgender identity/expressionnational originagedisabilitymarital statusfamilial statuspolitical affiliation
Orange County

Orange Co HRO

Orange County Code Ch. 22

365 days
5+ employees

Local anti-discrimination ordinance for the Orlando metro area. Includes protections for sexual orientation and gender identity.

Protected Classes

racecolorreligionsexsexual orientationgender identity/expressionnational originagedisabilitymarital status
Pinellas County

Pinellas HRO

Pinellas County Code Ch. 70

180 days
5+ employees

Pinellas County's anti-discrimination ordinance covering St. Petersburg, Clearwater, and surrounding communities. Includes sexual orientation protections that go beyond Florida state law. Enforced by the Pinellas County Office of Human Rights.

Protected Classes

racecolorreligionsexsexual orientationnational originagehandicap/disabilitymarital status
Tampa

Tampa HRO

Tampa Code of Ordinances Ch. 12

180 days
5+ employees

Tampa's city-level anti-discrimination ordinance prohibiting employment discrimination. Includes protections for sexual orientation and gender identity that go beyond the Florida Civil Rights Act. Tampa was one of the first Florida cities to enact LGBTQ employment protections.

Protected Classes

racecolorreligionsexsexual orientationgender identity/expressionnational originagehandicap/disabilitymarital status
Jacksonville

Jacksonville HRO

Jacksonville Ordinance Code Ch. 402

180 days
5+ employees

Jacksonville (Duval County) expanded its human rights ordinance in 2017 to include sexual orientation and gender identity as protected classes. The ordinance covers employment, public accommodations, and housing and is enforced by the Jacksonville Human Rights Commission.

Protected Classes

racecolorreligionsexsexual orientationgender identitynational originagehandicap/disabilitymarital status
Orlando

Orlando ADO

Orlando City Code Ch. 57

180 days
5+ employees

Orlando's city-level anti-discrimination ordinance provides employment protections including sexual orientation and gender identity. The city has been a leader in LGBTQ protections in Florida, maintaining these protections since the early 2000s.

Protected Classes

racecolorreligionsexsexual orientationgender identity/expressionnational originagehandicap/disabilitymarital status

Federal Laws That Apply in Florida

These federal statutes protect workers nationwide, including in Florida. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Check which laws apply to your situation in Florida

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.Florida laws are subject to legislative changes. Consult a qualified employment attorney in Florida for advice about your specific situation. Last reviewed: February 2025.