Labor Law and Mandatory Workplace Postings in Florida

The Florida Department of Economic Opportunity (DEO) and other state agencies require Florida employers to comply with various federal and state labor laws. These labor laws require all Florida employers to conspicuously post several specific notices. Employers of certain sizes or in particular industries may be subject to additional labor law posting requirements. 

To get a handle on the posting requirements, let’s start with some of the federal labor laws that govern Florida employers. Then, we’ll move on to some posting requirements specific to Florida’s state labor laws.

Federal Laws Governing Posters in the Workplace

The Uniformed Services Employment and Reemployment Rights Act (USERRA)

In 1994, the Uniformed Services Employment and Reemployment Rights Act was enacted. This federal law gives active-duty military personnel and veterans specific employment rights when they return to life as civilians.

What does USERRA mean for Florida employers?

In certain circumstances, USERRA mandates employers to reemploy servicemembers in their civilian jobs after they finish a tour of duty. The Act also prohibits employers from discriminating against servicemembers and veterans.

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act of 1993 has somewhat limited application: it applies to private companies with 50 or more employees. The Act also applies to all public employers and all public and private elementary and secondary schools. The law’s purpose is to help improve work-life balance and to encourage equal employment opportunity for all employees.

What does the FMLA mean for Florida employers?

Not all employees qualify for FLMA leave. To be eligible, employees must have been employed by their company for at least 12 months. They must also have worked at least 1,250 hours during the last 12 months before the start of the leave.

The FMLA requires employers to allow eligible employees up to 12 weeks of unpaid leave under certain circumstances, including the following:

• For the birth and care of a newborn child of an employee
• For the adoption or foster care placement of a child with an employee
• To care for an employee’s immediate family member who has a serious health condition
• To take medical leave for an employee’s own serious health condition that renders her unable to work

Covered Florida employers must post a notice outlining these employee leave benefits and eligibility requirements.

The Fair Labor Standards Act (FLSA) and Federal Minimum Wage Law

Since it was enacted in 1938, the Fair Labor Standards Act has set federal standards for employee wages and hours. For example, the law establishes the federal minimum wage, sets eligibility requirements for overtime pay, explains employer recordkeeping requirements, and sets child labor standards. The law applies to both private and public employers, including federal, state, and local governments.

What does the FLSA mean for Florida employers?

The federal minimum wage is $7.25 per hour—the federal government hasn’t raised it since July 2009. To comply with the FLSA’s posting requirements, employers must post information about the minimum wage. Many state governments, including Florida’s, require additional notices about this and other wage and hour issues.

Equal Employment Opportunity (EEO) Law

The Civil Rights Act of 1964 protects employees from discrimination in the workplace. The law also created the federal agency tasked with helping employees protect their rights—the Equal Employment Opportunity Commission (EEOC). The EEOC enforces laws that include Title VII of the Civil Rights Act, the Americans with Disabilities Act of 1990, and the Age Discrimination in Employment Act.

What does EEO law mean for Florida employers?

Employers cannot make an adverse employment decision, such as firing an employee or failing to hire or promote an employee, based on a “protected characteristic.” These protected characteristics under federal law include a person’s race, color, religion, sex (including pregnancy), national origin, genetic information, age, and disability. Federal EEO law requires most employers to post notices regarding employees’ rights to ensure employee awareness and to encourage employer compliance with the law. The required poster includes information about how employees can file a complaint.

Occupational Safety and Health Act

The Occupational Safety and Health Act went into effect in 1970. The law created the Occupational Safety and Health Administration (OSHA), a federal agency designed “to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.”

What does OSHA law mean for Florida employers?

In Florida, occupational safety laws require all public and most private employers to provide a safe, healthy work environment for their employees. Employer responsibilities include compliance inspections, workplace injury recordkeeping, and mandatory workplace postings.

State Laws Governing Posters in Florida Workplaces

Florida Minimum Wage Law

Effective January 1, 2019, the Florida state minimum wage is $8.46 per hour ($5.44 per hour for tipped employees). In Florida, the DEO recalculates the state minimum wage annually based on data from the previous year.

How does Florida’s minimum wage law impact Florida employers?

Florida employers are required to compensate employees at or above the minimum wage and conspicuously post an updated notice every year.

Florida Anti-Discrimination Laws

The Florida Commission on Human Relations and the DEO prohibit discrimination based on race, color, religion, sex, national origin, disability, age, marital status, AIDS/HIV, and sickle cell trait. Some Florida cities and counties also prohibit discrimination based on gender identity and sexual orientation.

How do Florida anti-discrimination laws impact Florida employers?

Florida law prohibits employment discrimination, public accommodation discrimination, and retaliation against whistleblowers or employees who file a claim. Florida employers are required to post a notice to this effect.

Florida Reemployment Assistance Program Law

 Employers who are subject to the Florida Reemployment Assistance Program Law must register with the Florida Department of Revenue. Under the law, these employers must pay reemployment taxes that finance eligible unemployed workers’ benefits.

How does the Florida Reemployment Assistance Program Law affect Florida employers?

In addition to registering with the Department of Revenue and paying reemployment taxes, registered Florida employers must also conspicuously post a notice about the program that includes employer responsibilities, eligibility requirements, and DEO contact information.

Florida Workers’ Compensation Program

 Under Florida law, employers who conduct work in the State of Florida must provide their employees with workers’ compensation insurance, with few exceptions. The coverage requirements for employers are based on types of industries, the number of employees, and whether employers are part of an entity organization.

How does the Florida Workers’ Compensation Program impact Florida employers?

As of February 2019, Florida employers must post a new workers’ compensation notice and include their insurer’s information in the space provided. Previously, the notice had to be obtained from the insurance carrier.

Florida Child Labor Laws

Child labor laws in Florida are designed to protect the health, education, and welfare of minors in Florida workplaces. These protections include limited working hours for minors ages 14 through 17, as well as an extensive number of restricted occupations.

How do Florida’s child labor laws impact Florida employers?

All Florida employers who choose to employ minors are required to conspicuously post state and federal (FLSA) child labor law notices in the workplace.

How to Comply with Florida Labor Law Posting Requirements

Feeling overwhelmed by all the latest federal and state posting requirements in Florida? Breathe easy. An all-in-one set of federal and Florida posters makes it easy for Florida employers to comply with the most recent updates to the laws.

In this blog, we’ve outlined the required federal and state postings for general employers in Florida. The DEO and other Florida agencies may require additional mandatory postings, depending on your industry or the size of your organization. Check our website for more details about Florida posting requirements, or call us at (800) 322-3636 with any questions about your posting requirements under Florida or federal law.