Employment Law Guide for Workers in Fort Lauderdale, Florida

Introduction: Why Employment Law Matters in Fort Lauderdale

Whether you work at Port Everglades, serve travelers at Fort Lauderdale–Hollywood International Airport, or staff one of the city’s many hospitality venues along Las Olas Boulevard, knowing your rights under Florida employment law is critical. Fort Lauderdale, the seat of Broward County, employs more than 550,000 workers across tourism, healthcare, marine services, logistics, and professional services. According to the Florida Department of Economic Opportunity (DEO), leisure and hospitality jobs alone account for roughly 15% of the local workforce. That economic diversity generates opportunity—but also creates room for wage theft, discrimination, retaliation, and other violations.

This comprehensive guide—written for employees and slightly favoring worker protections—explains the statutes, procedures, and timelines that govern workplace disputes in Fort Lauderdale, Florida. We rely exclusively on authoritative sources such as the Fair Labor Standards Act (FLSA), the Florida Civil Rights Act (FCRA), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), Florida Statutes Chapters 448 and 760, and precedent from Florida and federal courts. By the end of this article you will understand:

• Your baseline rights under state and federal law

• Common employment law violations specific to Florida

• Filing deadlines and statute-of-limitation traps

• How to report violations to the EEOC or the Florida Commission on Human Relations (FCHR)

• When to consult an employment lawyer Fort Lauderdale Florida workers trust

Understanding Your Employment Rights in Florida

Florida’s At-Will Employment Doctrine—And Its Exceptions

Most employment in Florida is at-will: an employer can terminate a worker for any reason or no reason—except an illegal reason. Illegal reasons include discrimination on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, or marital status under the FCRA (Fla. Stat. § 760.10) and Title VII.

Key exceptions to at-will employment in Florida include:

• Discrimination and retaliation protections (FCRA, Title VII, ADA, ADEA, FLSA, and the Florida Private Whistleblower Act, Fla. Stat. §§ 448.101–448.105)

• Public-policy exceptions—e.g., termination for filing a workers’ compensation claim is prohibited (Fla. Stat. § 440.205)

• Contractual exceptions—collective bargaining agreements or individual employment contracts can override at-will status

Core Federal and Florida Statutes Protecting Employees

• FLSA (29 U.S.C. §§ 201-219)—minimum wage, overtime, recordkeeping, and youth labor standards

• Florida Minimum Wage Act (Fla. Stat. § 448.110)—state minimum wage ($12.00/hour as of Sept. 30, 2023; scheduled increases until $15 in 2026)

• Florida Civil Rights Act (Fla. Stat. §§ 760.01-760.11)—mirrors Title VII but also covers marital status

• Family and Medical Leave Act (FMLA, 29 U.S.C. § 2601 et seq.)—unpaid leave for qualifying medical and family reasons

• ADA (42 U.S.C. § 12101 et seq.)—reasonable accommodations and disability discrimination prohibition

Statute of Limitations for Key Claims

• FLSA wage/overtime: 2 years (3 for willful violations) from the date of the violation (29 U.S.C. § 255)

• FCRA discrimination: File with FCHR within 365 days; civil suit within one year of receiving a “cause” determination or 35 days after a “no cause” finding (Fla. Stat. § 760.11)

• Title VII discrimination: File EEOC charge within 300 days of the adverse act (because Florida is a “deferral state” with the FCHR)

• ADA & ADEA: Same EEOC deadline (300 days)

• Florida Private Whistleblower Act: Lawsuit must be filed within 2 years after discovering the alleged retaliatory action (Fla. Stat. § 448.103(1)(e))

Common Employment Law Violations in Florida

1. Wage Theft and Unpaid Overtime

Hospitality and marine services—major industries in Fort Lauderdale—often rely on tipped employees, fluctuating schedules, and “day-rate” pay structures. Common FLSA violations include:

• Misclassification of workers as independent contractors or exempt salaried employees to avoid overtime

• Tip credit misuse: keeping portions of tips or failing to meet the required cash wage ($8.98/hour in Florida as of 2023)

• Off-the-clock work such as mandatory pre-shift meetings

2. Discrimination and Harassment

The FCRA prohibits discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. In 2020, the EEOC’s Miami District (which covers Fort Lauderdale) received more than 3,000 charges, with retaliation and disability discrimination among the top allegations.

3. Retaliation

Both Florida and federal law make it illegal to fire, demote, or otherwise retaliate against an employee for engaging in protected activity—such as filing a wage complaint, reporting discrimination, requesting reasonable accommodation, or whistleblowing under the Private Whistleblower Act. Retaliation claims are consistently the most common charge filed with the EEOC.

4. Wrongful Termination After Protected Leave

Employers with 50 or more employees must comply with the FMLA’s 12-week unpaid leave requirement. Terminating an employee for taking legitimate FMLA leave can form the basis of a wrongful termination claim under FMLA and the FCRA.

5. Disability Accommodation Failures

Under the ADA and FCRA, employers must provide reasonable accommodations unless doing so would impose undue hardship. The Eleventh Circuit (which includes Florida) has held in cases like Lucas v. W.W. Grainger, Inc., 257 F.3d 1249 (11th Cir. 2001), that an employee must propose a specific accommodation, but once proposed, the employer must engage in an interactive process.

Florida Legal Protections & Employment Laws Explained

Florida Civil Rights Act (Fla. Stat. §§ 760.01-760.11)

The FCRA mirrors Title VII but adds marital status as a protected class and applies to employers with 15 or more employees. Key provisions:

• Administrative prerequisite: Charge must be filed with the FCHR within 365 days.

• Investigation: FCHR has 180 days to issue a determination.

• Right to sue: If the FCHR finds reasonable cause—or fails to act within 180 days—employees may request a Notice of Dismissal and sue in state court.

Title VII of the Civil Rights Act of 1964

Title VII prohibits discrimination by employers with at least 15 employees. Fort Lauderdale workers often dual-file claims with both the U.S. Equal Employment Opportunity Commission and the FCHR, preserving federal and state remedies. Remedies include reinstatement, back pay, front pay, compensatory damages, and punitive damages (subject to caps).

Fair Labor Standards Act (FLSA)

The FLSA sets a federal minimum wage ($7.25/hour) and mandates overtime (1.5× hourly rate) for hours over 40 in a workweek unless an exemption applies. Florida’s constitution gives workers the higher state minimum wage. Employees can sue for unpaid wages, liquidated damages equal to unpaid wages, and attorney’s fees.

Florida Private Whistleblower Act

Applies to private employers with 10+ employees. It prohibits retaliation against employees who object to, or refuse to participate in, unlawful practices or disclose them to a governmental agency.

ADA and Reasonable Accommodation in Florida

The ADA protects employees with a physical or mental impairment that substantially limits a major life activity. Florida courts look to federal ADA precedent when interpreting the FCRA’s handicap provisions (Greenberg v. Miami Children’s Hospital Research Institute, 264 F. Supp. 2d 1064 (S.D. Fla. 2003)).

Steps to Take After Workplace Violations

1. Document Everything

Start a contemporaneous log of incidents: dates, times, witnesses, and any retaliatory actions. Retain copies of pay stubs, personnel policies, emails, and disciplinary notices.

2. Review Employer Policies

Many Fort Lauderdale employers—especially larger entities like Broward Health or Nova Southeastern University—have internal grievance procedures. Follow them, unless doing so would be futile or lead to further retaliation.

3. File an Administrative Charge

• Discrimination claims: File with the EEOC or FCHR via dual filing within 300 days (EEOC) or 365 days (FCHR).

• Wage claims: File a complaint with the U.S. Department of Labor Wage and Hour Division or send the employer a pre-suit notice under Fla. Stat. § 448.110(6) before litigating a minimum-wage claim.

The EEOC’s Miami District Office handles charges for Broward County. Its address is 100 SE 2nd Street, Suite 1500, Miami, FL 33131; phone (1-800-669-4000).

4. Mind the Deadlines

Missed filing deadlines can bar your claim entirely. If you receive a Notice of Right to Sue from the EEOC, you usually have 90 days to file a lawsuit in federal court.

5. Consider Alternative Dispute Resolution

Some employment contracts include mandatory arbitration clauses. The Eleventh Circuit generally enforces them under the Federal Arbitration Act, so review any arbitration agreement carefully.

When to Seek Legal Help in Florida

Complexity of Statutes and Procedural Hurdles

Employment statutes often interact. For example, a pregnant worker may have claims under the Pregnancy Discrimination Act (an amendment to Title VII), the ADA (if pregnancy-related complications constitute a disability), and the FCRA. Navigating overlapping remedies and damage caps is challenging without legal counsel.

Potential Recovery and Fee Shifting

Many statutes, including FLSA and Title VII, allow successful plaintiffs to recover attorney’s fees. This means an experienced employment lawyer Fort Lauderdale Florida workers choose may accept a case on contingency or fee-shifting basis.

Scenarios That Typically Require an Attorney

• Termination or demotion after reporting discrimination

• Wage theft involving significant unpaid overtime

• Systemic harassment affecting multiple employees (possible class or collective action)

• Failure to accommodate a disability despite medical documentation

• Breach of employment contract or non-compete disputes under Fla. Stat. § 542.335

Local Resources & Next Steps

Government Agencies Serving Fort Lauderdale Workers

Florida Commission on Human Relations – State discrimination complaint portal EEOC Miami District Office – Federal discrimination enforcement Florida Department of Economic Opportunity – Wage dispute information and unemployment benefits

• Broward County Human Rights Section – Investigates local housing and public-accommodation complaints (954-357-6500)

Courthouses with Jurisdiction

• Broward County Circuit Court, 201 SE 6th Street, Fort Lauderdale, FL 33301 – State discrimination and contract suits

• U.S. District Court, Southern District of Florida, 299 E Broward Blvd, Fort Lauderdale Division – Federal employment lawsuits

Next Steps for Employees

• Request personnel file (Florida law, Fla. Stat. § 119.07, gives public employees broad access; private-sector workers rely on company policy).

• Gather documentary evidence and names of witnesses.

• Consult a licensed Florida employment attorney to evaluate potential claims, damages, and arbitration clauses.

Legal Disclaimer

This guide provides general information for educational purposes only and does not constitute legal advice. Employment law is complex; you should consult an experienced, licensed Florida attorney regarding specific facts and deadlines.

If you experienced workplace discrimination, wrongful termination, or wage violations, call Louis Law Group at 833-657-4812 for a free case evaluation and employment consultation.