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
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
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
FL Whistleblower (Public)
Fla. Stat. §§ 112.3187-112.31895
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
FL Whistleblower (Private)
Fla. Stat. § 448.102
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
FL Minimum Wage
Fla. Const. Art. X, § 24
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
FL DV Leave
Fla. Stat. § 741.313
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
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
FL Wage Payment
Fla. Stat. §§ 448.08, 448.110
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
Local Ordinances in Florida (12)
MDC HRO
Miami-Dade Code Ch. 11A
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
MDC Wage Theft
Miami-Dade Code Ch. 22
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
MDC Domestic Leave
Miami-Dade Code Ch. 11A, Art. VIII, §§ 11A-60 to 11A-69
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
MDC Family Leave
Miami-Dade Code Ch. 11A, Art. V
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
Pinellas Wage Theft
Pinellas County Code Ch. 24, Art. XI
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
Hillsborough HRO
Hillsborough County Ordinance 00-37
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
Broward HRA
Broward County Code Ch. 16½
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
Orange Co HRO
Orange County Code Ch. 22
Local anti-discrimination ordinance for the Orlando metro area. Includes protections for sexual orientation and gender identity.
Protected Classes
Pinellas HRO
Pinellas County Code Ch. 70
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
Tampa HRO
Tampa Code of Ordinances Ch. 12
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
Jacksonville HRO
Jacksonville Ordinance Code Ch. 402
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
Orlando ADO
Orlando City Code Ch. 57
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
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 RightsThis 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: March 2026.