Employment Law Guide & Lawyer Help in Marathon, Florida

Introduction: Why Employment Law Matters in Marathon, Florida

Marathon, Florida is known for its world-class fishing, diving, and laid-back island lifestyle. Yet behind the postcard views, thousands of Keys residents clock in every day at resorts on Key Vaca, seafood processing facilities along Highway 1, and small businesses serving the tourism economy. Whether you work the front desk at a waterfront hotel, crew a charter boat, or manage inventory at a marine-supply shop, you have important legal protections under both Florida and federal employment law. Understanding those rights is essential because the service-heavy economy of the Middle Keys often involves seasonal schedules, tipped wages, and unique safety hazards that can place workers at heightened risk of wage violations, discrimination, or wrongful termination.

This comprehensive guide—written for Marathon employees and job seekers—explains your core workplace rights, the most common violations seen in Florida, and the steps you can take if an employer crosses the line. We rely only on authoritative sources such as the Florida Civil Rights Act (FCRA), Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), and guidance from the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR). The goal is to give Marathon workers clear, factual information so they can make informed decisions—and, when necessary, seek help from an experienced employment lawyer.

Understanding Your Employment Rights in Florida

Florida’s At-Will Employment Doctrine

Like most states, Florida follows the at-will employment doctrine. That means an employer can terminate an employee at any time, for any reason, or no reason at all, as long as the reason is not illegal. Illegal reasons include firing someone because of protected characteristics identified in federal or state law, such as race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40+), disability, or marital status.

There are several important exceptions to at-will employment:

• Discrimination and Retaliation: Under Title VII (42 U.S.C. §2000e) and the Florida Civil Rights Act (Fla. Stat. §760.01 et seq.), an employer cannot fire, demote, or discipline an employee because of a protected characteristic or because the employee reported discrimination.

• Public Policy Exception: An employer may not terminate an employee for refusing to break the law, serving on a jury, or filing for workers’ compensation (Fla. Stat. §440.205).

• Contractual or Collective Bargaining Agreements: Written employment contracts, offer letters with specific term limits, or union agreements can limit an employer’s ability to fire at will.

Wage and Hour Rights Under the FLSA and Florida Constitution

The Fair Labor Standards Act (29 U.S.C. §201 et seq.) sets federal minimum wage, overtime, and child-labor rules. Florida adds its own higher minimum wage—adjusted annually based on inflation—under Article X, §24 of the Florida Constitution. As of September 30, 2023, the Florida minimum wage is $12.00 per hour ($8.98 for tipped workers provided tips make them whole to the full minimum wage). Starting September 30, 2024, it is scheduled to rise to $13.00. Overtime pay (1.5 × regular rate after 40 hours in a workweek) is mandated by the FLSA; Florida does not have a separate state overtime statute but defers to federal law.

Protection Against Workplace Discrimination

Both Title VII and the Florida Civil Rights Act prohibit discrimination in hiring, firing, promotion, compensation, and other terms of employment. The FCRA applies to employers with 15 or more employees (same threshold as Title VII) but extends coverage to marital status, which federal law does not. Employees may file discrimination charges with the EEOC or the FCHR, as discussed later.

Family and Medical Leave

Eligible Marathon employees of covered employers (50+ employees within 75 miles) may take up to 12 weeks of unpaid, job-protected leave in a 12-month period under the Family and Medical Leave Act (29 U.S.C. §2601 et seq.). Florida does not currently have a separate paid family-leave statute, although certain county ordinances provide additional sick-leave protections; Monroe County, where Marathon is located, does not mandate paid sick leave at this time.

Protections for Disabled Workers

The Americans with Disabilities Act (ADA, 42 U.S.C. §12101 et seq.) and the FCRA require employers to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would create an undue hardship.

Common Employment Law Violations in Florida

1. Unpaid Overtime and Misclassification

Service-industry employers sometimes classify line employees as “independent contractors” or exempt “managers” to avoid paying overtime. Under the FLSA’s economic realities test, titles do not control. If the employer dictates the worker’s hours, supplies the tools, and the work is integral to the business, the worker is likely an employee. Failure to pay overtime can lead to back-pay awards, liquidated damages, and attorney’s fees under 29 U.S.C. §216(b).

2. Tip Credit Abuse

In Marathon’s restaurant and resort sector, tipped employees may be paid a cash wage lower than the state minimum, but only if they receive sufficient tips to make up the difference and participate in valid tip pools limited to customarily tipped staff. Illegally including kitchen staff who do not regularly receive tips can invalidate the tip credit, obligating the employer to pay full minimum wage retroactively.

3. Pregnancy and Caregiver Discrimination

Despite amendments to Title VII under the Pregnancy Discrimination Act and Florida’s 2015 amendment clarifying pregnancy as a protected class (Delva v. Continental Group, Inc., 137 So.3d 371 (Fla. 2014)), pregnant employees in the Keys continue to report reduced hours or terminations. Employers must provide reasonable accommodations such as light duty, similar to those offered to temporarily disabled workers.

4. Retaliation for Safety Complaints

Boat yards and dive shops often involve OSHA-regulated hazards. Under Section 11(c) of the Occupational Safety and Health Act (29 U.S.C. §660(c)), an employer may not retaliate against workers who raise safety concerns or file OSHA complaints.

5. Wrongful Termination for Filing Workers’ Compensation

Florida Statute §440.205 makes it unlawful to discharge or threaten to discharge an employee for filing a workers’ compensation claim. Due to the physical nature of many Marathon jobs—loading charter boats, cutting bait, servicing HVAC systems—comp injuries are common, and so are retaliation claims.

Florida Legal Protections & Employment Laws

Key Federal Statutes

• Title VII of the Civil Rights Act of 1964 – bars discrimination and retaliation based on race, color, religion, sex, and national origin.

• Fair Labor Standards Act (FLSA) – governs minimum wage, overtime, record-keeping, and child labor.

• Americans with Disabilities Act (ADA) – protects disabled workers and requires reasonable accommodation.

• Age Discrimination in Employment Act (ADEA) – protects employees age 40 and older in companies with 20+ workers.

• Family and Medical Leave Act (FMLA) – grants unpaid, job-protected leave for serious health and family reasons.

Key Florida Statutes and Constitutional Provisions

• Florida Civil Rights Act (Fla. Stat. §760.01 et seq.) – mirrors Title VII, adds marital status and, through case law, pregnancy.

• Florida Minimum Wage Amendment (Art. X, §24) – sets annual state minimum wage increase schedule.

• Florida Whistle-blower Act (Fla. Stat. §448.102) – protects private-sector employees who disclose or object to employer violations of law.

• Workers’ Compensation Retaliation (§440.205) – prohibits retaliatory discharge for filing or pursuing comp benefits.

Statutes of Limitations You Must Know

Missing a filing deadline can end a case before it starts. Key time limits include:

• EEOC Discrimination Charge: 300 days from the unlawful act in Florida (because the state has a fair-employment agency).

• FCHR Discrimination Charge: 365 days from the incident (Fla. Stat. §760.11(1)).

• FLSA Wage Claims: 2 years (3 years for willful violations) from each pay period (29 U.S.C. §255).

• Florida Whistle-blower Act: 4 years (Magdalena v. Toyota Motor Corp., 173 So.3d 1237 (Fla. 2015)).

• Workers’ Compensation Retaliation: 4 years (Andrulonis v. Burger King, 200 So.3d 73 (Fla. 2d DCA 2016)).

Attorney Licensing Requirements in Florida

Any lawyer representing you in a Florida state court or advising you on Florida law must be licensed by The Florida Bar and in good standing. Attorneys may also be admitted pro hac vice for individual cases but must associate with local counsel (Fla. R. Jud. Admin. 2.510).

Steps to Take After Workplace Violations

1. Document Everything

Start a timeline of events, save pay stubs, schedules, text messages, and emails. Florida is a one-party consent state for audio recordings (Fla. Stat. §934.03), but recording still raises privacy concerns—consult counsel first.

2. Use Internal Complaint Procedures

If your employer has an employee handbook outlining steps for reporting harassment or wage issues, follow it and keep copies. Under Faragher v. City of Boca Raton, 524 U.S. 775 (1998), employees who unreasonably fail to use internal procedures may reduce potential damages in harassment cases.

3. File with the EEOC or FCHR

Discrimination or retaliation claims typically must begin with a charge:

• EEOC: File online, by mail, or in person at the Miami District Office (the closest field office to Marathon). You generally have 300 days.

• FCHR: File by mail, fax, or online within 365 days. The FCHR headquarters is in Tallahassee, but investigations are statewide.

If the agency issues a Notice of Right to Sue, you have 90 days (EEOC) or 1 year (under certain FCHR procedures) to file suit in court.

4. File a Wage Complaint with the U.S. Department of Labor

The Wage and Hour Division (WHD) investigates FLSA violations. Complaints can be filed online or at the District Office in Miami.

5. Consider Alternative Dispute Resolution

Many Marathon employers require arbitration agreements. The Federal Arbitration Act generally enforces them, but workers can still obtain relief, and some claims—such as those under the National Labor Relations Act—may not be fully waivable.

When to Seek Legal Help in Florida

Consulting an employment lawyer early can preserve evidence, prevent missed deadlines, and increase settlement leverage. You should seriously consider legal counsel if:

• You received a Right to Sue letter and must decide between state and federal court.

• An employer offers a severance package with a release of claims.

• You suspect retaliation for whistle-blowing or workers’ compensation activity.

• You seek class or collective action status for widespread wage violations.

• You face complex medical-leave issues or reasonable accommodation disputes.

Florida employment attorneys often work on contingency or mixed hourly/contingency, meaning no fees unless they recover compensation for you. Under both the FLSA and FCRA, prevailing employees can recoup attorney’s fees from employers, improving access to justice.

Local Resources & Next Steps

Government Agencies Serving Marathon

EEOC Miami District Office

  100 SE 2nd Street, Suite 1500, Miami, FL 33131

  Phone: 1-800-669-4000

Florida Commission on Human Relations

  4075 Esplanade Way, Room 110, Tallahassee, FL 32399

  Phone: 850-488-7082

CareerSource South Florida – Monroe County

  1111 12th Street, Suite 310, Key West, FL 33040 (nearest one-stop center)

Local Courts

Monroe County Circuit Court, Marathon Branch

  3117 Overseas Highway, Marathon, FL 33050

• Federal cases are filed in the U.S. District Court for the Southern District of Florida, Key West Division.

Major Marathon Employers

While exact numbers fluctuate seasonally, large private employers include:

• Fisherman’s Hospital (Baptist Health South Florida)

• Marathon Airport and fixed-base operators (FBOs)

• Large resorts such as Faro Blanco Resort & Yacht Club and Isla Bella Beach Resort

• County government and Monroe County School District facilities on Key Vaca

Knowing the size of your employer is crucial when assessing whether federal or state laws apply (e.g., Title VII’s 15-employee threshold).

Stay Informed

The following authoritative resources provide up-to-date information on employment rights:

EEOC Official Website Florida Commission on Human Relations – File a Charge U.S. Department of Labor Wage and Hour Division Florida Department of Economic Opportunity – Worker Resources

Legal Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Employment laws change, and the application of law depends on specific facts. Consult a licensed Florida attorney to obtain advice for your particular 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.