Employment Law Representation for Florida Employees

Florida is at-will, but not lawless

Most Florida employees can be fired for any reason or no reason. They cannot be fired for an illegal reason. The Florida Civil Rights Act, Fla. Stat. 760.10, and federal laws such as Title VII, the ADA and the ADEA prohibit discrimination and retaliation, generally for employers with 15 or more employees (20 for age claims under the ADEA).

Florida's Private Whistleblower Act, Fla. Stat. 448.102, protects employees who object to or refuse to participate in a legal violation, or who disclose one under oath, and applies to private employers with 10 or more employees. Public employees are covered by a separate act at Fla. Stat. 112.3187.

Wages and overtime

• The FLSA requires overtime at one and one-half times the regular rate for hours over 40 in a workweek for non-exempt employees
• Florida's minimum wage is set by Article X, Section 24 of the Florida Constitution and rises each September 30 under the scheduled increases
• Calling a worker an independent contractor or salaried exempt employee does not control; the actual duties and economic reality do
• Successful FLSA plaintiffs may recover unpaid wages, an equal amount in liquidated damages, and reasonable attorney's fees under 29 U.S.C. 216(b)

Severance and non-competes

A severance agreement usually trades money for a release of claims. Once signed, rights are often gone. Workers 40 and older have specific review and revocation periods under the Older Workers Benefit Protection Act.

Florida enforces reasonable restrictive covenants under Fla. Stat. 542.335, and the 2025 CHOICE Act added new rules for certain covered agreements with higher-earning employees. Whether a restriction is enforceable depends on its terms, duration, geography and the employer's legitimate business interest.