What Is Florida Employment Contract Law?
Florida employment contract law is covered under Title XXXI of the Florida Statutes. [1] This title covers everything from worker’s compensation and child labor to job training and labor organizations. Florida labor laws serve as the foundation for fair workplaces. They help balance employee protections with employer expectations to foster trust and transparency.
What Is the Definition of an Employee in Florida?
Florida law defines an employee under Fla. Stat. § 440.02(18). [2] An employee is someone who gets paid by an employer for doing work or providing a service under an agreement or contract. The contract can be written or verbal and formal or informal.
Employees include individuals who may be working legally or illegally, such as minors or non-citizens.
An employee can also be someone who serves as an officer of a corporation and receives payment for their work within the state, even if the work isn’t continuous.
Related Employment Templates for Florida
When drafting a Florida employment contract, consider other key documents that often work alongside it. Independent contractor and subcontractor agreements clarify work relationships outside traditional employment. Non-compete agreements protect business interests by limiting competition, while NDAs safeguard sensitive information. These documents complement employment contracts, providing additional clarity and protection for the involved parties.
Independent Contractor Agreement
Necessary when hiring an independent contractor, such as a consultant or freelancer.
Subcontractor Agreement
Sets the terms and conditions by which a subcontractor provides work for a contractor.
Non-Compete Agreement
Ensures that an employee leaving the company does not share intellectual property with the competition. They are enforceable under Florida law if they are reasonable in terms of geographic location, scope, and time.
Non-Disclosure Agreement
Guards proprietary knowledge against unauthorized disclosure.
Is Florida an At-Will Employment State?
Yes, Florida is an at-will employment state. An employer can initiate an employee’s separation from a company without any notice or reason. However, if the employer gives a reason, it cannot be discriminatory or illegal.
For example, an employer cannot fire an employee for refusing to complete an illegal act. [3]
What Is the Minimum Wage in Florida?
The current minimum wage in Florida is $13.00/hour. [4] The minimum wage is set to increase to $14.00/hour on September 30, 2025, and $15.00/hour on September 30, 2026.
The minimum tipped wage is slightly lower. Right now, it’s $9.98 per hour plus tips. The minimum tipped wage is set to increase to $10.98/hour plus tips on September 30, 2025, and $11.98/hour on September 30, 2026.
What Are the Child Labor Laws in Florida?
Minors of any age can hold entry-level or temporary positions in the Florida Legislature. Other jobs without age limits include those in the entertainment industry and those involving domestic or farm work connected to the ranch or farm where they live.
Employers of any minor must obtain and keep on record proof of the minor’s age, such as an age certificate issued by the district school board. [5]
State law also restricts the number of hours a child can work based on their age. For example, a child who is 15 or younger cannot work before 7 AM or after 7 PM when they have to go to school the next day. They also cannot work more than 15 hours in one week when school is in session.
Do Florida Employers Have to Verify Employees’ Eligibility?
Since January 1, 2021, private employers in Florida have been required to verify the work eligibility of new employees using the E-Verify system. Alternatively, they can check the documents listed by the employee on their I-9 Form. If the employer uses the I-9 document method, they must keep a copy for at least three years.
Public employers have additional requirements. Additionally, Florida participates in a program that lets the E-Verify system confirm the authenticity of Florida driver’s licenses used for employment verification.
How Legal Templates Can Help
Creating an employment contract can feel overwhelming, but Legal Templates makes it simple. Our Florida employment contract template is designed to save you time and reduce stress by providing clear, customizable sections. You can easily fill in your details for job responsibilities, compensation, work hours, and at-will terms.
You don’t need to worry about missing Florida-specific regulations. Our template ensures compliance with state labor laws, so you can create a comprehensive document. With our easy-to-follow prompts, you can create a professional, legally sound contract without any hassle.
Florida Employment Contract Sample
Below, you will find an example of a Florida employment contract template. Once you review it and familiarize yourself with the format, you can create your own using our document builder.
Frequently Asked Questions
Does Florida require employers to give meal and rest breaks to employees?
No, Florida law doesn’t require employers to give meal and rest breaks to adult employees. However, minors 15, 16, and 17 must get a 30-minute meal period if they work more than four hours.
How long must Florida employers retain payroll and work records?
Florida employers must retain payroll and work records for at least five years.
How often must Florida employees get paid?
Florida doesn’t have laws for the frequency of paydays, but employers must establish a fair and regular schedule.
