Minimum Wage

Florida’s current minimum wage rate is $7.79. FL Dept. of Economic Opportunity. Florida’s minimum wage law applies to the same employees covered by the federal minimum wage law.

An employer must also comply with federal minimum wage laws, which currently sets the federal minimum wage at $7.25. FLSA: Minimum Wage. Some employers and employees are exempt from the federal minimum wage law. FLSA: Minimum Wage. These same exemption apply to the Florida minimum wage, as well. FL Dept. of Economic Opportunity.

If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage. In Florida, the state minimum wage law will typically apply as it guarantees a higher wage rate for employees than federal law.

Overtime

Florida does not have laws governing the payment of overtime. Federal overtime laws apply. See FLSA: Overtime for more information regarding overtime requirements.

Meals and Breaks

Florida employers must grant a meal period of at least 30 minutes to employees under the age of 18 who work for more than 4 hours continuously. Florida Stat. 450.081(4).

Florida does not have any laws requiring an employer to provide a meal period or breaks to employees 18 years of age or older, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. However, if an employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.

Vacation Leave

Florida has no laws requiring employers to provide employees with vacation benefits, either paid or unpaid. Florida’s Legislature and its courts are silent regarding any obligation an employer may have regarding vacation leave, including whether an employer must pay an employee accrued vacation leave upon separation from employment. Due to the silence of Florida authorities on the matter of vacation leave, it is likely employers are free to establish the vacation leave policy of their choosing. An employer would be required to comply with the terms of a valid employment contract containing vacation leave provisions.

Sick Leave

In Florida, employers are not required to provide employees with sick leave, either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.

An employer in Florida may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.

Holiday Leave

Florida law does not require employers to provide employees with either paid or unpaid holiday leave. In Florida, an employer can require an employee to work holidays. An employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.

Jury Duty Leave

An employer may not discharge, penalize, threaten, or otherwise coerce an employee because the employee receives or responds to a summons or serves as a juror. Florida Stat. 40.271. An employer is not required, however, to pay an employee for responding to a jury summons or for serving on a jury. Florida Stat. 40.24

Voting Leave

Florida law does not require an employer to allow employees time off, paid or unpaid, to vote.

Florida law prohibits an employer from firing or threatening to fire any employee for voting or not voting in an election, for a particular candidate, or for a specific ballot measure. An employer that violates this law may be guilty of a third degree felony. Florida Stat. 104.081

Severance Pay

Florida law does not require employers to provide employees with severance pay. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract.