Florida employment law combines broad employer discretion with select state mandates on wages, discrimination, and hiring practices. Employers operating in the state must stay aligned with federal standards while managing Florida-specific requirements like minimum wage increases, right-to-work provisions, and mandatory E-Verify use.
When it comes to talent and workforce management, Florida-based employers need to comply with the following state employment laws:
The below information was last updated May 7, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.
A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.
Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).
Florida is one of 26 states that currently have a right-to-work law.
Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
| Florida Minimum Wage | The state of Florida uses its own minimum wage rate of $14.00, including a tipped minimum wage rate of $9.98 for employees who earn tips with their base pay. However, it prohibits cities, towns, counties, etc., from establishing local minimum wage rates. The Florida minimum wage is scheduled to increase by $1.00 every September 30 until reaching $15.00 on September 30, 2026. |
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Florida Overtime Pay Laws |
Florida currently has no overtime pay laws or regulations. However, Florida-based employers must still comply with the Fair Labor Standards Act's (FLSA) requirement that nonexempt employees receive 1.5 times their normal pay rate when working over 40 hours a week. |
| Florida Pay Equity Law | Under the Fla. Stat. Ann. § 448.07, employers are prohibited from discriminating based on sex by paying wages to employees at a rate less than the rate at which they pay wages to employees of the opposite sex for equal work on jobs that require equal skill, effort, and responsibility performed under similar working conditions. Employers must prove a difference in pay is based on a seniority system, merit system, a system that measures earnings by quantity or quality of production, or a difference based on any reasonable factor other than sex. |
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Florida Pay Transparency Law |
Florida currently has no pay transparency laws or regulations. |
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Florida Final Paycheck Law |
Florida currently has no final paycheck laws or regulations. |
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Florida PTO Payout Laws |
Florida doesn’t have specific PTO payout requirements, as it bases such decisions on an employer's policy. It also has no regulations regarding the use of "use-it-or-lose-it" policies. |
| Florida Paid Sick Leave (PSL) | Florida currently has no paid sick leave laws or regulations. |
| Florida currently has no PFML laws or regulations. Although, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid leave every 12 months for various reasons. | |
| Florida Maternity Leave | Florida doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. As the state also doesn’t have a mandated PFML program, employees must instead use FMLA leave or another type of employer-provided leave. |
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Florida Voting Leave Law |
Florida currently has no voting leave laws or regulations. |
All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).
While some states adopt additional health and safety regulations, Florida is an "OSHA plan" state, meaning it defers to OSHA's requirements when addressing health and safety matters, such as having an emergency action plan or providing medical and first aid supplies.
Florida currently has no work break laws or regulations.
As described by the Florida Civil Rights Act, employers in Florida are prohibited from discriminating against employees based on:
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Florida also requires employers to comply with specific anti-harassment mandates, also outlined in the Florida Civil Rights Act. Employers must, for example, develop and advise employees of policies prohibiting sexual harassment and procedures to investigate and resolve complaints.
Florida doesn't, however, require employees to complete any harassment or discrimination training courses.
| Florida Non-Compete Agreement Laws | Florida is one of several states that limit the use of non-compete agreements. Fla. Sta. Ann. § 542.335 contains a comprehensive framework for analyzing, evaluating, and enforcing restrictive covenants in the state. This statute applies to all contractual restrictions upon competition, including employment agreements, and adopts what is commonly referred to as the “modern view” that allows for the enforcement of reasonable covenants to protect legitimate business interests and prevent unfair competition. |
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Florida Retirement Plan Laws |
Florida currently has no mandatory retirement plan laws or regulations. |
| Florida Employment Verification Laws | As of July 1, 2023, Florida required private employers with 25 or more employees to use E-Verify for all new hires. |
This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.
Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.
