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Employment Law – Hiring, Firing and Everything In-between

Civil litigation comes in many forms. Torts, contracts, employment — these are potential areas of dispute. Knowing your rights and having a basic understanding of the law may protect you if you find yourself in a civil dispute. The same goes for criminal law. This article focuses on employment laws in Florida.

Hiring Laws

All states must comply with federal hiring laws. This includes companies not discriminating during the hiring process. Florida goes a step further. In our state, all companies are required to report new hires within 20 days. This rule is part a newer statute which was passed in 2017. It also created a statewide directory of new hires. This statute allows the state government to review company activities closer.

There are also laws pertaining to the interview process before being hired. In Florida, companies are not allowed to ask questions about marital status, pregnancy, and country of origin, among other characteristics. If there is a job-related reason, the question may be allowed.

Firing Laws

Florida is an “at-will” state. That means you, or your employer, can terminate your employment for any reason at any time. However, a company may not fire you for a protected reason. Protected reasons work hand-in-hand with the interview questions. For example, a company cannot fire a woman who gets pregnant. Let’s look at another example.

Let’s say that an employee, John Doe, has been working with Company ABC for a few years. One day, his supervisor finds out Mr. Doe is from Norway. Company ABC fires Mr. Doe because they don’t like Norway. This firing would be illegal.

Wage Laws

Like all states, Florida must comply with the federal minimum wage which is currently $7.25/hour. Florida, however, pays better at $8.25/hour. It’s illegal for companies to pay less than this either officially or “under the table”.

Our state does not have laws regarding overtime pay. However, Florida must still comply with the Fair Labor Standards Act (FLSA). The FLSA advises that any nonexempt employee must be paid 1.5 times their salary for any overtime. It’s important to know if you are an exempt or nonexempt employee.

You may file a claim against your employer if you are a nonexempt employee and your company is not paying you extra for overtime. Before you take any action be sure to contact Chamberlin Law Firm for a free consultation.

Work Break Laws

Florida law states that, if an employee is under 18 years old, the company must give the employee a 30-minute break for every 4 hours worked. Florida law does not guarantee breaks for employees 18 years of age or older. However, meal breaks which last 30 minutes or longer do not need to be compensated.


Before taking any action it’s important to speak with a trained attorney. Any legal move you make can affect the final outcome of a case. You may contact Chamberlin Law Firm for a free consultation regarding employment laws, other civil laws, and criminal laws.

Posted on: 26 Feb, 2018