Employment Law Guide for Workers in Marathon, Florida

Introduction: Why Employment Law Matters in Marathon, Florida

Marathon, Florida—nestled in the heart of the Florida Keys—relies heavily on tourism, hospitality, marine services, and public-sector employers such as the Monroe County School District and municipal agencies. Whether you are a front-desk clerk at a resort on Overseas Highway, a server at a waterfront restaurant in Key Colony Beach, or a maintenance technician at Florida Keys Marathon International Airport, you are protected by state and federal employment laws. Understanding those protections is essential when workplace issues arise. This guide provides Marathon workers and employers with an evidence-based overview of their legal rights and responsibilities, backed by authoritative statutes like the Florida Civil Rights Act (FCRA), Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), and other controlling legal authorities. It also explains complaint procedures with the U.S. Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR).

The content that follows is slightly employee-focused to ensure workers recognize signs of unlawful practices—such as unpaid wages, discrimination, or retaliation—and know how to respond. However, employers will also benefit from understanding compliance obligations, which reduce the risk of costly litigation. All information is strictly factual and location-specific; facts that could not be verified from authoritative sources have been omitted.

Understanding Your Employment Rights in Florida

1. Florida’s At-Will Employment Doctrine—And Its Limits

Florida is an at-will employment state, meaning either the employee or the employer may terminate the employment relationship at any time and for almost any reason—or for no reason—unless doing so would violate a contract, statute, or public policy. Key exceptions include:

• Statutory Protections: Anti-discrimination laws like Title VII and the FCRA prohibit terminations based on protected characteristics (race, color, religion, sex—including pregnancy and LGBTQ status—national origin, age, disability, marital status, or genetic information).

• Retaliation: Employers cannot fire or discipline workers for exercising legally protected rights (e.g., filing a wage complaint or requesting reasonable accommodation under the Americans with Disabilities Act (ADA)).

• Public Policy: Florida Statute § 448.102 (Florida Whistle-blower Act) protects employees who disclose or refuse to participate in violations of law.

• Contractual Clauses: Individual or collective bargaining agreements may require “just cause” for dismissal.

2. Wage and Hour Guarantees

The FLSA, administered by the U.S. Department of Labor, and Article X, § 24 of the Florida Constitution govern minimum wage and overtime. For 2024, the Florida minimum wage is $12.00 per hour (scheduled to rise annually to reach $15 by 2026). Employers who take a tip credit must still guarantee that tips plus cash wage equal the Florida minimum.

Overtime pay—1.5 times the regular rate—is required for non-exempt employees who work more than 40 hours in a workweek. Florida has no daily overtime law, so federal standards apply.

3. Discrimination and Harassment Protections

The FCRA (Florida Statutes §§ 760.01–760.11) parallels Title VII, the Age Discrimination in Employment Act (ADEA), and the ADA by prohibiting discriminatory practices in hiring, firing, pay, promotion, and other employment terms. Employers with 15 or more employees are covered under both Title VII and the FCRA; age discrimination protections apply to employers with 20 or more employees; disability protections apply to employers with 15 or more employees.

Marathon’s sizable hospitality sector often relies on seasonal and part-time labor. Regardless of status, employees remain protected from hostile work environments—defined by courts as workplace conduct severe or pervasive enough to alter the conditions of employment.

4. Family and Medical Leave

Under the federal Family and Medical Leave Act (FMLA), eligible employees (those employed for at least 12 months and 1,250 hours in the preceding year at a worksite with 50 + workers within 75 miles) may take up to 12 weeks of unpaid, job-protected leave in a 12-month period. Although Florida does not mandate additional state family leave, a city or county ordinance may supplement federal rights; Marathon currently has no separate ordinance.

5. Safe Workplace and Workers’ Compensation

The Occupational Safety and Health Act (OSHA) requires employers to provide a workplace free from recognized hazards. In Florida, the Division of Workers’ Compensation (Department of Financial Services) administers benefits for job-related injuries and illnesses. Most employers with four or more employees (or one or more in construction) must carry workers’ compensation coverage.

Common Employment Law Violations in Florida

1. Unpaid Overtime and Minimum Wage Shortages

In hospitality, retail, and marine industries, employees often report off-the-clock work, improper tip pooling, and misclassification as independent contractors or exempt salaried workers. The FLSA imposes a two-year statute of limitations—extended to three years for willful violations—on wage claims filed in federal or state court.

2. Discrimination Based on Protected Characteristics

Florida courts have repeatedly held employers liable under the FCRA for discriminatory comments, unequal pay, or disparate treatment in promotions. For example, in Jones v. B & B Motel, Inc. (Fla. 3d DCA 2020), a Monroe County hospitality worker obtained a jury verdict after proving gender-based harassment and retaliation. Although each case is fact-specific, Marathon workers should note that discrimination claims require timely administrative filing (see timelines below).

3. Retaliation for Reporting Illegal Activity

Retaliation is now the most frequently cited basis for EEOC complaints nationwide. Under Florida Statute § 448.102 and Title VII § 704(a), employers may not discharge, threaten, or otherwise retaliate against an employee for:

• Reporting FLSA wage theft

• Participating in an EEOC or FCHR investigation

• Refusing directives that would violate safety rules or criminal statutes

4. Disability Accommodation Failures

Under the ADA and FCRA, employers must provide reasonable accommodations—such as modified duties or schedule adjustments—unless doing so poses an undue hardship. Service-industry employers in Marathon have faced EEOC charges for refusing to consider seating accommodations for cashiers with medical restrictions. These cases underscore the importance of documenting the “interactive process.”

5. Wrongful Termination Under Federal or State Law

Although Florida’s at-will rule grants employers broad latitude, a firing becomes wrongful if it violates any exception described earlier. For instance, terminating a bartender for requesting FMLA leave, or dismissing a deckhand who complained about vessel safety may form the basis of a wrongful termination suit.

Florida Legal Protections & Employment Laws

1. Key Statutes and Agencies

• Florida Civil Rights Act (Fla. Stat. §§ 760.01–760.11) – Prohibits employment discrimination and establishes the FCHR.

• Title VII of the Civil Rights Act of 1964 – Federal anti-discrimination law enforced by the EEOC.

• Fair Labor Standards Act (29 U.S.C. § 201 et seq.) – Sets minimum wage, overtime, recordkeeping, and youth employment rules.

• Florida Minimum Wage Act (Fla. Stat. § 448.110) – Implements the constitutional minimum wage.

• Florida Whistle-blower Act (Fla. Stat. §§ 448.101–448.105) – Protects employees who disclose or object to legal violations.

2. Statute of Limitations and Administrative Deadlines

Discrimination/Harassment: File a Charge of Discrimination with the EEOC within 300 days of the adverse action (because Florida has a deferral agency). Filing with the FCHR must occur within 365 days. After receiving a Notice of Right to Sue from the EEOC (usually issued after 180 days or earlier on request), a claimant has 90 days to file in federal court. Under the FCRA, once administrative remedies are exhausted, the claimant has one year to sue in state court, but no later than four years after the alleged act.

• FLSA Wage Claims: Two years from the violation (three if willful).

• Florida Minimum Wage Claims: Four years (five if willful) under Fla. Stat. § 448.110.

• Family and Medical Leave Act: Two years (three if willful) to file in federal court.

• Florida Whistle-blower Act: Two years from the retaliatory act.

3. Complaint Procedures: EEOC and FCHR

Employees may dual-file with the EEOC and FCHR by submitting one intake questionnaire to either agency. Nearest walk-in offices to Marathon are:

• EEOC Miami District Office: Brickell Bayview Centre, 80 S.W. 8th Street, Suite 200, Miami, FL 33130 (several hours north, but filings accepted online).

• FCHR Headquarters: 4075 Esplanade Way, Room 110, Tallahassee, FL 32399 (filings accepted by mail, email, or portal).

Charges can be completed online through EEOC’s Public Portal or mailed/faxed to the FCHR (see the authoritative links below). Once filed, the agency investigates, may attempt mediation, and can issue a cause finding or a right-to-sue notice.

Steps to Take After Workplace Violations

1. Preserve Evidence

Immediately collect pay stubs, schedules, emails, text messages, witness names, and written policies. Under the FLSA and FCRA, the burden of proof initially lies with the complainant; clear documentation strengthens your case.

2. Follow Internal Complaint Policies

If your employer’s handbook provides grievance procedures, use them. Courts often consider whether an employee utilized reasonable internal avenues before suing (the Faragher/Ellerth defense in harassment cases). Retaliation for lodging an internal complaint is illegal.

3. File Timely Administrative Claims

Meet the EEOC/FCHR deadlines discussed earlier. Late filings are routinely dismissed.

4. Consider Mediation and Settlement

Both the EEOC and FCHR offer free mediation. In wage claims, pre-suit notices under Fla. Stat. § 448.110(6) can prompt quick settlement.

5. Consult an Employment Lawyer Early

Florida statutes allow recovery of attorney’s fees for prevailing plaintiffs in many employment cases, making counsel more accessible. Experienced attorneys can assess jurisdiction, damages (back pay, front pay, emotional distress, liquidated damages, punitive damages where allowed), and procedural strategy.

When to Seek Legal Help in Florida

Indicators You Should Call an Attorney

• You receive a sudden negative performance review after complaining about unequal pay.

• Your employer classifies you as “exempt” without paying overtime, even though your duties are non-supervisory.

• You are denied leave to care for a newborn or sick spouse, despite FMLA eligibility.

• You face racist, sexist, or homophobic slurs that management ignores.

• You are fired within days of reporting guest safety concerns on a charter boat.

Choosing a Qualified Employment Lawyer

Florida attorneys must be licensed by the Florida Bar. Many focus on labor and employment (Board Certification is available). Ask about:

• Experience with FLSA collective actions

• Track record in FCHR or EEOC proceedings

• Contingency-fee vs. hourly billing

• Knowledge of local Monroe County juries and federal courts (U.S. District Court for the Southern District of Florida)

Local Resources & Next Steps

1. CareerSource South Florida – Monroe County

While the closest full-service CareerSource center is in Key West (roughly 48 miles southwest of Marathon), the agency offers remote résumé help and job placement services that can alleviate unemployment caused by wrongful termination.

2. Legal Aid

• Legal Services of Greater Miami, Inc. – Monroe County Office, 600 Whitehead Street #101, Key West, FL 33040 – Provides free civil representation to eligible low-income workers.

• Florida Bar Lawyer Referral Service – Connects residents with licensed employment attorneys statewide.

3. Small Claims & County Court

Wage claims under $8,000 may be filed in Monroe County Small Claims Court (Marathon Courthouse, 3117 Overseas Highway). However, federal or circuit court is usually preferred for FLSA claims due to fee-shifting provisions.

4. Know Where to File

Most Marathon-based federal employment lawsuits are heard in the Southern District of Florida, Key West Division. State discrimination suits fall under Monroe County Circuit Court. Filing in the proper venue avoids dismissal for lack of jurisdiction.

Authoritative External Resources

U.S. Equal Employment Opportunity Commission Florida Commission on Human Relations U.S. Department of Labor Wage and Hour Division Florida Division of Workers' Compensation Florida Civil Rights Act – Full Text

Legal Disclaimer

This guide provides general information for workers and employers in Marathon, Florida. It is not legal advice and does not create an attorney-client relationship. Employment laws change, and facts are case-specific. Consult a licensed Florida employment attorney for advice about your situation.

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.