Intro to Florida Labor Laws

Florida has passed House Bill 1407, amending the Florida Civil Rights Act (FCRA) to establish firm deadlines for employees to file employment discrimination lawsuits. The FCRA, which applies to employers with 15 or more employees, prohibits discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. Previously, conflicting court rulings created uncertainty regarding how long an employer might remain exposed to a potential claim. Under the new amendment, a civil action must be filed within one year of a "reasonable cause" determination by the Florida Commission on Human Relations (FCHR) or a "Notice of Right to Sue" from the federal EEOC—whichever comes first. If neither agency issues a determination within 180 days of a charge being filed, the employee must commence their lawsuit no later than 18 months from the original filing date.

Employers are encouraged to review any open matters and coordinate with legal counsel to ensure awareness of these updated deadlines.

Florida's new CHOICE Act (the “Act”), effective July 1, 2025, significantly strengthens the enforceability of non-compete agreements in Florida. The Act applies to 'covered employees' and independent contractors earning over twice the local median wage in their employer's Florida location or their own county if the employer is outside Florida. Certain healthcare employees are excluded. The Act also introduces "garden leave" agreements, which provide for continued pay and benefits to an employee during a period when they are restricted from working for a competitor. Once the Act takes effect, non-compete agreements with garden leave provisions are enforceable for up to four years if they are written, the employee is advised of their right to counsel, given seven days to review, and provides a written acknowledgment of receiving confidential information during their employment.

Employers with Florida employees should review and revise their current employment agreements to align with these new provisions prior to the law’s effective date.

On March 4, 2024, Florida's Stop-WOKE law, also referred to as the Individual Freedom Act (IFA), which previously restricted employers from mandating discussions or training on topics such as racial or gender issues, was declared unconstitutional for infringing on protected speech. Consequently, employers in Florida are no longer able to enforce the IFA's limitations on training discussions concerning these subjects. Employers are encouraged to consult with legal counsel to discuss revising their policies and training materials to align with this legal development.

Effective September 30, 2025, the Florida minimum wage will increase to $14.00 per hour. Florida’s minimum wage will increase by $1.00 each year on September 30 until the minimum wage reaches $15.00 per hour in 2026.

Effective September 30, 2024, the Florida minimum wage will increase to $13.00 per hour. Florida’s minimum wage will increase by $1.00 each year on September 30 until the minimum wage reaches $15.00 per hour in 2026.

Effective September 30, 2023, the Florida minimum wage will increase to $12.00 per hour. Florida’s minimum wage will increase by $1.00 each year on September 30 until the minimum wage reaches $15.00 per hour in 2026.