Does my Florida business have to use E-Verify?
Private Florida employers with 25 or more employees must run every new hire through E-Verify, for hires since July 1, 2023. The threshold counts your total employees rather than only Florida-based staff, and using a PEO does not transfer the obligation. Compliance is certified annually on your reemployment tax return.
How long do I have to complete an I-9?
Section 1 must be completed by the employee no later than their first day of work. Section 2 must be completed by the employer within three business days of the start date. I-9s must be retained for three years after hire or one year after employment ends, whichever is later.
What happens in an I-9 audit?
It begins with a Notice of Inspection, and you generally have three business days to produce your I-9s. Errors have historically fallen into technical violations, which could be corrected, and substantive violations, which carry fines. That line moved in 2026, with more error categories now treated as substantive. A self-audit conducted before an inspection is worth considerably more than a scramble afterward.
What questions can't I ask in an interview?
Anything that elicits a protected characteristic: age, race, religion, national origin, disability, pregnancy or family plans, and genetic information. Florida adds marital status as protected under state law, which national interview guides often miss. Ask about the ability to perform the job's essential functions rather than about the person.
Can I use AI to screen job applicants?
Yes, and the same anti-discrimination laws apply to the result regardless of what produced it. Title VII, the ADEA, and the ADA judge outcomes, not methods. Several states now require notice when AI is used in employment decisions. Florida does not, but if you employ people in other states their rules may reach you.
Am I liable if a hiring vendor's AI discriminates?
Potentially. Courts have allowed the theory that a screening vendor acts as the employer's agent, which means "the software did it" is not a defense. Vendor due diligence and contractual indemnification matter before you buy rather than after a claim.
Do I have to report new hires in Florida?
Yes. Florida requires reporting of new hires to the Department of Revenue, and since October 2021 that includes independent contractors paid $600 or more in a year.
What should be in an offer letter?
Position, start date, pay rate and frequency, exempt or non-exempt status, and a clear at-will statement. What to avoid matters as much: annual salary figures stated without an at-will disclaimer, references to job security, and any promise about future compensation can turn an offer letter into a contract.