Employment Law & Lawyer Guide – Fort Lauderdale, Florida

Introduction: Why Fort Lauderdale Workers Need to Know Their Rights

Whether you spend your days helping cruise passengers at Port Everglades, handling baggage at Fort Lauderdale–Hollywood International Airport, or managing patients at Broward Health Medical Center, you are part of the workforce that keeps Fort Lauderdale’s economy humming. Tourism, healthcare, marine services, and higher education at Nova Southeastern University employ thousands of Broward County residents. Yet even in these thriving industries, wage disputes, discrimination, and wrongful termination are common. This comprehensive guide—written with a slight bias toward protecting employees—explains how Florida and federal employment laws safeguard Fort Lauderdale workers, what to do after a workplace violation, and when to contact an employment lawyer Fort Lauderdale Florida residents trust.

Every statement below is grounded in authoritative sources, including the Florida Civil Rights Act (Fla. Stat. §760.01 et seq.), the Fair Labor Standards Act (29 U.S.C. §201 et seq.), Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.), the Americans with Disabilities Act (42 U.S.C. §12101 et seq.), and official guidance from the Florida Commission on Human Relations (FCHR) and the U.S. Equal Employment Opportunity Commission (EEOC).

Understanding Your Employment Rights in Florida

Florida’s At-Will Employment Doctrine

Florida is an at-will employment state. This means an employer may terminate an employee for any reason or no reason—except an unlawful one. Unlawful reasons include discrimination based on protected characteristics under Title VII and the Florida Civil Rights Act, retaliation for whistleblowing under Fla. Stat. §448.102, or engaging in protected concerted activity under the National Labor Relations Act.

Because at-will status often confuses employees, it is critical to remember: an at-will employer cannot fire you for a discriminatory or retaliatory reason. If they do, you may have a claim for Florida wrongful termination.

Key Employee Rights

• Equal Employment Opportunity: Title VII and the Florida Civil Rights Act prohibit discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40+), disability, or marital status.

• Fair Wages: The FLSA sets the federal minimum wage ($7.25/hour), but Florida’s Constitution establishes a higher state minimum wage (adjusted annually; $12.00/hour as of September 30, 2023). Non-exempt employees must also receive overtime at 1.5 times regular rate for hours over 40 per workweek.

• Safe Workplace: Under the federal Occupational Safety and Health Act (OSHA), you are entitled to a work environment free of recognized hazards.

• Family & Medical Leave: Eligible employees of covered employers may take up to 12 weeks of unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA).

Statutes of Limitations You Must Know

• Discrimination (FCRA): 365 days to file a complaint with the FCHR (Fla. Stat. §760.11(1)) and 90 days to sue after receiving a “reasonable cause” determination or right-to-sue letter.

• Discrimination (Title VII): 300 days to file with the EEOC (because Florida is a “deferral state”) and 90 days to file suit after receiving a right-to-sue letter.

• Wage Claims (FLSA): 2 years generally, 3 years for willful violations (29 U.S.C. §255).

• Whistleblower Retaliation (Fla. Stat. §448.103): 2 years after the retaliatory personnel action.

Common Employment Law Violations in Florida

1. Unpaid Wages and Overtime

Fort Lauderdale’s hospitality and service sectors often rely on tipped employees and irregular schedules. Employers sometimes deduct improper tip-pool contributions or fail to pay overtime when employees work more than 40 hours. Both practices violate the FLSA.

2. Workplace Discrimination

Discrimination can be subtle or blatant. Examples include refusing to hire a qualified applicant because she is pregnant (Title VII, Pregnancy Discrimination Act) or denying reasonable accommodation to an employee with a qualified disability under the ADA. In Gomez v. Miami-Dade County, 791 F. App’x 150 (11th Cir. 2019), the Eleventh Circuit allowed an ADA claim to proceed based on failure to accommodate and retaliatory discharge—clarifying employers’ duty to engage in an interactive process.

3. Sexual Harassment

According to EEOC charge data, Florida consistently ranks among the top states for sexual harassment filings. Harassment is unlawful when it is severe or pervasive enough to create a hostile work environment or when it leads to an adverse employment action (e.g., firing or demotion).

4. Retaliation

Retaliation is the most frequently alleged basis in EEOC charges nationwide. Employers may not punish employees for reporting discrimination, participating in investigations, filing FLSA wage complaints, or whistleblowing under Fla. Stat. §448.102.

5. Misclassification as Independent Contractors

Broward County’s booming gig-economy—rideshare drivers, freelance yacht crewmembers, and seasonal festival workers—faces misclassification issues. Employers that control the manner and means of work risk liability if they label workers as independent contractors to avoid taxes and benefits.

Florida Legal Protections & Employment Laws

Florida Civil Rights Act (FCRA)

The FCRA mirrors Title VII, but applies to businesses with 15 or more employees (same threshold) and adds protection against marital status discrimination. It is administered by the Florida Commission on Human Relations.

Fair Labor Standards Act (FLSA)

Administered by the U.S. Department of Labor, the FLSA sets overtime and minimum wage rules. Florida’s higher state minimum wage prevails under the Supremacy Clause’s principle that states may provide greater worker protections.

Title VII of the Civil Rights Act of 1964

Title VII federal law prohibits discrimination based on race, color, religion, sex, and national origin. Sexual orientation and gender identity are included after the U.S. Supreme Court’s decision in Bostock v. Clayton County, 140 S. Ct. 1731 (2020).

Americans with Disabilities Act (ADA)

The ADA offers broad protection for qualified individuals with disabilities, requiring reasonable accommodations. Fort Lauderdale employers with 15+ employees must comply.

Florida Private Whistleblower Act (Fla. Stat. §448.101–105)

This statute protects private-sector employees who disclose, threaten to disclose, or refuse to participate in an employer’s illegal activities.

Local Ordinances

Broward County’s Human Rights Act (Sec. 16½ of the Broward County Code) provides additional remedies for discrimination, including sexual orientation and gender identity protections even before Bostock. Employees may dual-file with the County’s Human Rights Section and the FCHR.

Steps to Take After Workplace Violations

1. Preserve Evidence

• Save emails, text messages, or voicemails reflecting discriminatory statements or wage promises.

• Keep copies of pay stubs and time records.

• Note witnesses’ names and contact information.

2. Review Employer Policies

Most Fort Lauderdale employers have employee handbooks outlining internal complaint procedures. Using them can strengthen your retaliation claim if your employer fails to act.

3. File an Internal Complaint

Notify HR or a designated representative in writing. This starts a paper trail and may compel the company to investigate.

4. File an Administrative Charge

Discrimination claims must first go to the EEOC or FCHR, not directly to court.

• EEOC: File online, by mail, or in person at the Miami District Office (covering Fort Lauderdale) within 300 days.

• FCHR: File within 365 days. The FCHR will dual-file with the EEOC if requested.

5. Consult an Employment Lawyer

An attorney can assess whether to pursue claims under federal or state law, calculate damages (back pay, front pay, emotional distress, punitive damages under Title VII), and protect you from retaliation.

When to Seek Legal Help in Florida

Indicators You Need an Attorney Now

• You were terminated shortly after complaining about discrimination or unpaid wages.

• Your employer ignored requests for reasonable accommodation.

• You face imminent statute of limitations deadlines.

• The company’s lawyers or HR ask you to sign a severance or release.

Choosing the Right Attorney

Florida attorneys must be admitted to The Florida Bar and, for federal court cases in the Southern District of Florida, admitted to that court’s bar. Verify disciplinary history on the Bar’s website before hiring.

Local Resources & Next Steps

Government Agencies

U.S. Equal Employment Opportunity Commission Florida Commission on Human Relations U.S. Department of Labor Wage and Hour Division

Fort Lauderdale CareerSource Broward

Located at 2990 W. Cypress Creek Road, Suite 200, CareerSource Broward offers job placement and re-employment assistance if you were wrongfully terminated.

Additional Reading

Florida Administrative Code, Chapter 60Y-5 (FCHR Procedures)

Moving Forward

Document everything, meet statutory deadlines, and consult counsel early. Fort Lauderdale’s diverse economy provides many opportunities—but also potential legal pitfalls. Armed with knowledge of Fort Lauderdale workplace rights and an experienced attorney, you can hold employers accountable.

Disclaimer: This guide is for informational purposes only and is not legal advice. Laws change, and individual circumstances vary. Consult a licensed Florida employment attorney for advice regarding 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.