Operating a business in Florida requires a keen understanding of the state’s unique human resources (HR) compliance landscape. As of 2025, Florida’s employment laws have evolved significantly, impacting wage structures, hiring practices, and workplace policies. For instance, the state’s minimum wage is set to increase to $14.00 per hour on September 30, 2025, as part of a gradual plan to reach $15.00 by 2026.
Private employers with 25 or more employees are mandated to use the E-Verify system to confirm the employment eligibility of new hires . These developments underscore the importance for businesses to stay informed and adapt to Florida’s specific HR compliance requirements to ensure legal adherence and foster a fair workplace environment.
Florida’s At-Will Employment Framework
Local Florida businesses adhere to the at-will employment doctrine, which allows employers or employees to terminate the employment relationship at any time, with or without notice and for any legal reason. However, there are key exceptions and implications businesses must observe to avoid wrongful termination claims.
Unlike some states, Florida does not require employers to provide progressive discipline or verbal warnings unless specified in an employment contract or company policy. However, consistency in handling terminations—especially those related to performance or behavior—is highly advised to avoid accusations of discrimination or retaliation. It’s important that your HR documentation supports each employment decision.
At-will employment is the default, any written or implied contract that limits termination rights—such as offer letters or employee handbooks—can override this status. Businesses should ensure their documents explicitly reaffirm the at-will nature of employment and have them reviewed regularly by counsel licensed in Florida.
Wage And Hour Compliance In Florida
Although Florida generally follows the Fair Labor Standards Act (FLSA), it sets its own minimum wage, which is subject to annual increases tied to inflation. As of January 1, 2025, Florida’s minimum wage is $13.00 per hour, with tipped employees required to earn a minimum cash wage of $9.98 per hour.
Employers must prominently display the Florida Minimum Wage poster and ensure payroll systems are updated annually to reflect new rates. Employers who violate wage laws may be liable not only for unpaid wages but also for liquidated damages and attorney fees under the Florida Minimum Wage Act.
Florida does not require meal or rest breaks for adult workers. However, federal OSHA regulations still require employers to provide safe working conditions, which include reasonable break times in physically demanding or high-risk environments.
Final Paychecks And Wage Deductions
Florida law does not impose specific requirements on the timing of final paychecks, unlike states such as California or Massachusetts. However, best practice dictates that employers should issue the final paycheck by the next scheduled payday to reduce the risk of wage disputes.
Employers must also exercise caution with wage deductions. Under Florida law, you may not deduct any amount from an employee’s paycheck unless required by law (e.g., taxes or garnishments) or authorized in writing by the employee. Deductions for uniforms, cash shortages, or damages must be clearly documented and pre-authorized to avoid violating the Florida Minimum Wage Act or FLSA.
Drug-Free Workplace Programs And Testing
Florida offers a voluntary Drug-Free Workplace Program that provides workers’ compensation premium discounts to participating employers. However, the program requires strict compliance with state-mandated drug testing procedures, including:
- Providing a written policy to employees detailing which substances will be tested.
- Ensuring that testing labs are licensed and certified.
- Offering employees an opportunity to contest or explain positive results.
Importantly, Florida employers must distinguish between lawful medical marijuana use under state law and their own drug policies.
Florida’s Compassionate Medical Cannabis Act permits certain patients to use cannabis, employers are not required to accommodate medical marijuana use, even outside of work hours. Policies should clearly state whether testing positive for THC—even with a medical card—will result in disciplinary action or termination.
Anti-Discrimination And Harassment Policies
Florida’s Civil Rights Act mirrors Title VII of the Civil Rights Act of 1964, prohibiting employment discrimination based on race, color, religion, sex (including pregnancy), national origin, age, handicap, or marital status. Though these protections largely align with federal statutes, Florida courts have at times interpreted the state law more broadly.
For example, the Florida Commission on Human Relations (FCHR) may extend deadlines or consider claims that fall outside EEOC jurisdiction. Employers with 15 or more employees should post the FCHR anti-discrimination notice alongside federal postings and train management on harassment prevention.
Florida does not mandate sexual harassment training, it is strongly recommended—especially for employers in high-risk industries such as hospitality, healthcare, or education. Policies should outline a clear complaint process and include multiple reporting channels to prevent liability for hostile work environments.
Employment Verification And Immigration Compliance
Florida requires all public employers—and as of July 1, 2023, private employers with 25 or more employees—to use the E-Verify system to confirm the legal work status of new hires. This mandate stems from Senate Bill 1718 and represents a significant change from prior reliance solely on I-9 forms.
E-Verify is a federal, internet-based system that compares information from an employee’s I-9 form against data from the Department of Homeland Security and the Social Security Administration. Failure to comply can result in hefty penalties and the potential suspension or revocation of business licenses.
HR departments must also retain E-Verify documentation for at least three years and be prepared for random audits by Florida’s Department of Economic Opportunity (DEO) or other regulatory bodies.
Recordkeeping Requirements
Under Florida law, employers must maintain accurate personnel and payroll records for a minimum of three years. These include:
- Wage and hour documentation
- Records of employment eligibility (I-9 and E-Verify)
- Job applications and resumes
- Disciplinary records
- Benefits and COBRA documentation
Florida employers are subject to the Florida Public Records Law if they perform governmental functions or hold public contracts. This means employee files, including emails and HR communications, may be subject to disclosure unless specifically exempted.
Employers must also consider record retention in the context of EEOC, FLSA, and OSHA regulations, many of which impose their own timelines ranging from one to five years. Developing a unified document retention policy is a key step in maintaining compliance and minimizing legal risk.
Wrapping Up
In 2025, Florida’s legislative environment is also seeing proposed changes around remote worker taxation, pay transparency, and AI-driven hiring tools, signaling a shift in broader employment compliance priorities.
Businesses that stay ahead of these trends by adopting flexible, tech-integrated HR systems will be better positioned to respond to upcoming regulatory shifts. Investing in ongoing compliance training and policy reviews will ensure Florida-based companies remain both competitive and legally secure.
Guest writer
