Florida Employer HR Compliance Guide

Priority Compliance Actions

• 1Update payroll systems to reflect the September 30, 2026 minimum wage increase to $15.00/hr and tipped rate of $11.98/hr.
• 2Post the updated Florida Minimum Wage Notice in a conspicuous workplace location accessible to all employees.
• 3Review exempt employee classifications against current FLSA salary thresholds, as federal rulemaking on overtime exemptions continues to evolve.
• 4Confirm final paycheck procedures are configured to deliver payment by the next regular payday for all terminated employees, including remote workers.
• 5Audit independent contractor agreements to ensure workers meet the federal economic reality test and that any non-compete clauses comply with Florida Statute §542.335.

Leave Laws

Federal FMLA applies to Florida employers with 50+ employees, providing up to 12 weeks of unpaid, job-protected leave. Florida has no state-mandated paid sick leave law or family leave statute beyond federal requirements. Florida does not require meal or rest breaks for adult employees, though employers who offer breaks must follow FLSA guidelines. Employers are advised to document leave policies clearly in their handbooks.

Wage & Hour

Overtime follows FLSA rules: 1.5x the regular rate for hours over 40 in a workweek. Florida has no state overtime law that exceeds federal standards. Final paychecks for terminated employees must be paid by the next regular payday; no separate accelerated deadline applies for involuntary terminations. Florida has no general expense reimbursement statute, though FLSA requires reimbursement if business expenses drop pay below minimum wage.

Worker Classification

Florida is an at-will employment state, and employers have broad discretion to terminate without cause absent a contract or protected characteristic. Independent contractor classification is governed by the federal economic reality test under the FLSA, with no state ABC test. Non-compete agreements are enforceable under Florida Statute §542.335, which is notably more employer-favorable than most states, requiring a legitimate business interest and reasonable time/geographic limitations but does not require consideration beyond initial employment.

Hiring & Onboarding

Florida has a statewide ban-the-box law applicable only to public employers; private employers are generally free to inquire about criminal history. There is no statewide salary history ban for private employers. New hire reporting must be submitted to the Florida New Hire Reporting Center within 20 days of hire. Florida has no mandatory drug testing law, but employers in certain industries (e.g., construction) may face specific requirements, and a voluntary drug-free workplace program offers workers' compensation premium discounts.

Related Tools

Law Changes

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