What employment laws apply to small businesses in Florida?
Coverage turns on headcount. The FLSA's wage and hour rules apply to nearly all employers. Title VII, the ADA, and the Florida Civil Rights Act generally apply at 15 employees. The ADEA applies at 20. FMLA applies at 50. Florida's E-Verify mandate applies at 25, and workers' compensation at four for most industries and one for construction.
Does Florida require meal or rest breaks?
Not for adult employees. Florida has no state law requiring meal or rest breaks, and neither does federal law. If you do provide short breaks, generally 20 minutes or less, federal rules require them to be paid.
What is the Florida Civil Rights Act and how is it different from Title VII?
It's Florida's state anti-discrimination law, applying to employers with 15 or more employees. It largely tracks Title VII, with one difference employers often miss: it includes marital status as a protected characteristic, which federal law does not. Handbooks copied from national templates frequently omit it.
Are we covered if we use a PEO?
Partly. A PEO handles administration and shares some employer obligations, but not all of them. Florida's E-Verify requirement is the clearest example of one that stays with you. Read how your service agreement allocates responsibility before assuming a risk has transferred.
What workplace posters do I need in Florida?
Federal postings including FLSA, EEO, FMLA where applicable, and OSHA, plus Florida postings covering the minimum wage, workers' compensation, and reemployment assistance. The minimum wage poster becomes out of date every September 30 when the rate changes.
How long do I have to keep employee records?
It varies by record type and law. Payroll records are generally three years under the FLSA, with supporting records such as time cards two years. I-9s are three years after hire or one year after termination, whichever is later. Records relating to a claim should be preserved once you have notice of it, regardless of the ordinary schedule.
What is at-will employment and what are the exceptions?
At-will means either party may end the relationship at any time for any lawful reason. The exceptions are what matter: you may not terminate for a protected characteristic, in retaliation for a protected complaint or activity, or in breach of a contract or promise you've made, including one made in a handbook.
Do I need an HR person or can I outsource it?
Below roughly 50 employees, most businesses have enough HR risk to need expertise and not enough HR volume to keep a full-time certified professional occupied. That mismatch is what outsourced HR is for. The practical test isn't headcount, it's whether there's enough work to keep the expertise engaged.