There are many different types of workers in the U.S., the most common being salary and hourly employees. Aside from the obvious difference in terms of how compensation is calculated, each type also has its own set of regulations covering areas including benefits, time off, and employee tax. Plus, each state has its own regulations aside from those mandated by the federal government. So, what are the Florida laws for salaried employees? What do you need to know if you run a business in The Sunshine State?
Check out our guide below to find out everything you need to know!
Overview of Employment Laws in Florida
The US Department of Labor enforces over 180 federal employment laws that affect 157 million workers across the nation. These laws, which govern areas including wage and hour standards, workplace safety, and discrimination, are vital for protecting workers and helping employers create a safe and supportive work environment. The most notable include the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Occupational Safety and Health Act (OSHA).
Aside from federal regulations, each state also has its own laws. For example, different states may have higher threshholds for minimum wage, guidelines for time off accrual, and stricter occupational safety standards. When both federal and state laws apply to a specific situation, the rule of thumb is to adhere to the most stringent.
In the case of Florida, several state agencies are responsible for regulating and enforcing the state’s employment laws. This includes the Florida Department of Economic Opportunity (DEO), the Florida Department of Business and Professional Regulation (DBPR), and the Florida Commission on Human Relations (FCHR). These agencies are tasked with ensuring that employers stick to the labor laws in Florida and uphold the rights and protections offered to employees by the state.
Another important aspect to consider, aside from the employment status of employees, is whether any municipal laws apply. For example, Miami-Dade County has a Living Wage Ordinance that requires county contractors and subcontractors to pay their employees a higher minimum wage than the rate that’s set by the state. That’s why it’s so important to check your local regulations before you design your employment policies. That way, you can be sure that you’re doing everything by the book and sticking to federal, state and municipal labor laws.
What Are Salaried Employees? Basic Definition
The next question you need to think about is the category of workers that you hire, as this will affect the labor laws that you have to stick to. For example, do you hire part-time or full-time employees? Are they salaried or do you pay them by the hour? The first question isn’t as important as this will generally depend on how many hours an employee works each pay period, so it’s more of an internal classification. However, the second question is essential as it will have a direct impact on whether or not you need to apply the guidelines set by the Fair Labor Standards Act (FLSA), which usually apply to hourly (non-exempt) workers. Check out this post to find out more about exempt vs non-exempt employees. And check out this post to find out about the difference between independent contractors and employees.
In today’s post, we are going to focus on salaried workers. Salaried workers are employees who you pay a fixed amount of money to on a regular basis. This can be weekly or monthly. The key distinction is that, rather than paying them by the hour, their paycheck is the same each month, regardless of how many hours they might work.
Are Salaried Workers Exempt From the FSLA?
Most salaried workers are exempt from the FSLA, especially if they perform executive, administrative, professional, or certain computer-related duties. There are a few exceptions to this, though, which relate to the specific job duties and the level of decision-making authority that an employee has. For example, a customer service manager might earn a fixed annual amount (salaried worker) but because they don’t have any influence over business operations, they would be entitled to overtime under the terms of the FSLA (and therefore be classed as non-exempt).
Still with us? Great. Then let’s get to the heart of this post and take a look at the Florida laws for salaried employees. We’ll start with the U.S. wage and hour laws in The Sunshine State.
Wage and Hour Laws for Salaried Employees in Florida
The current Florida minimum wage for salaried employees is $12.00 per hour. This is a $1.00 increase from the previous minimum wage of $11.00 per hour. The Florida minimum wage is scheduled to increase by $1.00 every year until it reaches $15.00 per hour in 2026. The next scheduled increase will come in 30 September 2024, when it will be bumped to $13 per hour.
However, there are a number of exemptions and special cases where this Florida minimum wage rate doesn’t apply to salaried workers.
This includes:
- Small businesses. Businesses with annual sales under $110,000 can pay a minimum wage of $4.00 per hour.
- Agricultural and seasonal workers. Agricultural workers are subject to a minimum wage of $7.25 per hour.
- State and local government employees. Employees of state and local governments are also exempt from the Florida minimum wage.
What About Overtime?
Ok, next question: are salaried employees entitled to overtime?
As we mentioned about, there is no clear cut answer to this question. Whether or not a salaried employee is considered non-exempt and entitled to overtime under the FSLA depends on their duties. If they perform executive, administrative, or professional duties, then they won’t be entitled to time and a half for any extra hours that they work. However, if the salaried employee earns less than $684 per week then they will be entitled to overtime.
Payroll and Employee Tax Laws for Salaried Employees in Florida
The Sunshine State’s got a pretty unique setup when it comes to Florida employee taxes. For one thing, there’s no state income tax, which we’re sure makes a lot of people and businesses happy.
However, even though Florida employers don’t take state income tax out of paychecks, they do have to pay some other taxes related to workers. For example, businesses pay into the reemployment compensation fund on behalf of their salaried employees. The rate employers pay is calculated as a percentage of the first $7,000 of each employee’s annual salary. This is known as the taxable wage base. Plus, Florida employers still need to apply federal payroll tax and deductions to an employee’s paycheck. And don’t forget to issue paychecks to your salaried employees on a fixed, regular basis (you can decide how frequently you pay your salaried employees but once you define a schedule, you must stick to it).
Another important aspect of ensuring compliance with Florida employee tax obligations is maintaining accurate and comprehensive employee tax records. Your records, which you must keep for at least 4 years, must detail all paid wages, withheld taxes, and processed tax payments.
Finally, it’s important to keep in mind that each city in Florida sets up its own local rules and fees for businesses. Even though the state taxes every employer the same whether they’re in Tampa, Tallahassee, Orlando, or Miami, local costs may be different. Make sure you check what your city is asking for, not just what Florida state wants.
Florida Leave and Time Off Laws for Salaried Employees
The Florida laws for salaried employees do not include any provisions for paid time off (PTO). This is when employees can take time off work for a specific number of days and still receive payment. However, even though it’s not a legal requirement, most employers offer some form of leave, often in the form of unpaid time off for vacations and Florida state holidays.
Also, unlike some states such as California and Massachusetts, the Florida laws for salaried employees also don’t include any provisions for paid sick leave. It’s up to each individual employer whether they include paid sick leave in their compensation packages.
Despite all the above, there are certain cases where salaried employees in Florida are entitled to unpaid time off.
This includes:
- Domestic violence leave. Employees can take unpaid leave for safety reasons related to domestic violence, sexual assault, or stalking.
- Family and medical leave. According to the Family and Medical Leave Act (FMLA), employers with more than 50 employees must provide their salaried employees with unpaid sick leave under certain circumstances. Employees are entitled to up to 12 weeks off in a 12-month period.
Florida Laws for Salaried Employees: Rights and Protections
Florida’s anti-discrimination laws are specific regulations that the state has enacted in order to protect the citizens of Florida from discrimination and unfair treatment. This includes discrimination based on race, color, religion, sex, national origin, age, disability, marital status, sexual orientation and gender identity.
Specifically, the Florida Civil Rights Act of 1992 (FCRA) protects against discrimination in all aspects of employment, including recruitment, candidate selection, terminations, and other decisions concerning the terms and conditions of employment. This includes the refusal to hire or promote, reasons for termination, and restricting opportunities for growth and development as a direct result of discrimination against a salaried employee’s protected characteristic.
In addition, the Florida Equal Pay Law states that all employees have a right to pay equity and protection against sex-based compensation discrimination. This means that if multiple individuals are performing substantially equal jobs that require similar levels of skill, effort, and responsibility, and under similar working conditions, then you must pay them the same wage or salary, regardless of gender. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, life insurance, and holiday pay.
These laws provide a legal framework for eliminating discrimination in Florida. They work alongside similar federal employment laws, including the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Pregnant Workers Fairness Act, to name a few.
Ultimately, creating a workplace culture and environment where all your employees feel safe from discrimination and harassment is not just a legal requirement; it’s an ethical responsibility.
Florida Laws on Firing Salaried Employees
Most employment contracts in the US are “at-will”. This means that an employer can dismiss an employee without notice and without having to establish “just cause” for termination. In other words, you don’t necessarily need a specific reason for firing an employee in Florida, provided your justification is not illegal or discriminatory. For instance, you can’t fire someone because of their race, religion, gender or disability. You also can’t let an employee go because they have filed a claim or dispute against you with the state (the Florida Whistleblower’s Act).
Specifically, employers in Florida must be mindful of the following Florida laws on firing employees:
- Discrimination. You cannot violate any federal or state anti-discrimination laws when you fire an employee.
- Florida WARN Act. This applies to large-scale layoffs where 50 or more employees are laid off at a single site within 30 days.
- Contractual obligations. You cannot fire someone as retaliation because they have filed a complaint about you with a federal or state agency.
- Employee handbook. If you have an employment contract with an employee, it might specify termination notice requirements. You must honor these terms if you fire an employee.
- Severance agreements. If your agreement outlines specific termination procedures, you must follow them to avoid potential legal disputes.
What About Unemployment Benefits Under the Florida Laws for Salaried Employees?
In terms of unemployment compensation in Florida, salaried employees in Florida have the same eligibility requirements as any other employee. In other words, provided they have recently lost their job through no fault of their own, they met a minimum threshold of earnings during their base period, and they are actively seeking reemployment, then they are entitled to unemployment benefits. The amount they can claim will depend on how much they earned in their last position, and they can receive benefits from Florida state for a maximum of 12 weeks.
Health and Safety Regulations in Florida
Unlike most states, Florida has its own Occupational Safety and Health Administration (OSHA) program. This means that the state has the authority to set its own safety standards and conduct inspections.
Specifically, The Florida OSHA includes the following safety standards:
- OSHA compliance. Florida businesses must follow the Occupational Safety and Health Administration (OSHA) standards. These federal guidelines cover a wide range of safety issues, from hazardous materials handling to emergency evacuation procedures.
- Florida-specific safety laws. Beyond federal OSHA regulations, Florida has enacted its own safety laws. These laws are tailored to the state’s primary industries (agriculture, construction, and tourism). Specifically, they address local occupational hazards and reinforce workers’ safety. Employees who believe their workplace is unsafe can file a complaint with Florida OSHA. The agency will investigate the complaint and may issue citations to the employer if they find violations.
- Reporting and training. Employers are responsible for reporting workplace injuries and providing safety training to employees. This ensures that workers are aware of potential hazards and know how to protect themselves.
In addition, as with all states in the U.S., Florida has a law in place to help out employees who suffer from a work-related injury or illness. In the event that an employee has a workplace accident or gets sick as a direct result of their work duties, the state will ensure that they receive medical treatment and compensation for lost wages, provided the employee was not at fault.
Check out this article to find out more about workers’ compensation in Florida.
How Factorial Can Help You Manage Florida Laws for Salaried Employees
And that’s pretty much it! All you need to do now is make sure that you comply with all of the Florida laws for salaried employees that we have seen today.
To make your life easier and reduce the risk of non-compliance, we recommend using Factorial’s platform to streamline and automate the process.
For example, with our solution you can:
- Payroll. Automate your payroll calculations so that your salaried employees are paid in accordance with Florida’s minimum wage requirements and any applicable overtime laws.
- Timekeeping. Maintain detailed records of all hours that a salaried employee has worked with our time-tracking software, helping you comply with employee time-tracking legal requirements.
- Absence tracking. Manage employee leave. This includes unpaid and paid time off (PTO) and sick leave, helping you comply with the Family and Medical Leave Act (FMLA).
- Document management. Store and manage all your important employment documents, protecting you in the event of disputes over wages, hours, or benefits.
- Safety training. Distribute and track completion of safety training materials, ensuring compliance with OSHA and state-specific safety regulations.
- Compliance checklists. Create free custom checklists to ensure you are following all aspects of the Florida laws for salaried employees.
