Employment Lawyer & Employment Law Guide – Sarasota, Florida

Introduction: Protecting Sarasota Workers and Their Families

Sarasota’s economy is powered by a mix of healthcare, tourism, construction, and professional services. From the busy corridors of Sarasota Memorial Hospital to the hospitality venues lining Siesta Key, more than 180,000 workers keep the community thriving. Yet every year, employees report discrimination, unpaid overtime, retaliation, or sudden firings that appear arbitrary. Understanding sarasota workplace rights is critical for anyone who earns a paycheck in Sarasota County. This guide—written from a slightly employee-friendly perspective—explains how Florida and federal employment laws apply locally, how to recognize violations, and what steps to take if your rights are violated.

All information below has been verified against authoritative sources such as the Florida Civil Rights Act (Fla. Stat. § 760.01–760.11), Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), the Fair Labor Standards Act (29 U.S.C. § 201 et seq.), the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and published guidance from the Florida Commission on Human Relations (FCHR), the Equal Employment Opportunity Commission (EEOC), and the U.S. Department of Labor (DOL). If a fact has not been documented by one of these sources, it has been intentionally omitted.

Understanding Your Employment Rights in Florida

Florida’s At-Will Employment Doctrine—and Its Limits

Florida is an at-will employment state. Under longstanding common-law principles, an employer may terminate an employee for any reason—or no reason—so long as the reason is not illegal. However, several crucial exceptions apply:

• Statutory Protections: An employer may not fire or discipline a worker for discriminatory reasons prohibited by the Florida Civil Rights Act or Title VII (race, color, religion, sex, pregnancy, national origin, age, disability, or marital status).

• Retaliation: Termination is unlawful if it is in retaliation for filing a discrimination complaint, requesting overtime pay, taking protected medical leave under the Family and Medical Leave Act (FMLA), or reporting legal violations (Florida Private Sector Whistle-blower Act, Fla. Stat. § 448.102).

• Contractual Obligations: Written individual contracts or collective bargaining agreements may promise job security or set forth “for cause” dismissal standards.

• Public Policy: Courts have recognized limited exceptions barring discharge for refusal to commit illegal acts or for exercising statutory rights (e.g., filing a workers’ compensation claim).

Key Federal and State Protected Classes

Both Title VII and the Florida Civil Rights Act (FCRA) prohibit discrimination on similar—but not identical—grounds.

• Race, Color, National Origin

• Religion

• Sex (including pregnancy, sexual orientation, and gender identity pursuant to Bostock v. Clayton County, 140 S. Ct. 1731 (2020), which the EEOC treats as binding)

• Age (40 or older) under the Age Discrimination in Employment Act (ADEA) and FCRA

• Disability under the ADA and FCRA

• Marital Status and Genetic Information (added protections under Florida law and the federal Genetic Information Nondiscrimination Act)

Employers with 15 or more employees are covered under Title VII and the FCRA, while the ADEA applies to employers with 20 or more employees. Smaller Sarasota businesses may still be liable under certain wage‐and-hour statutes discussed below.

Wage and Hour Rights: Minimum Wage, Overtime, and Tips

The federal Fair Labor Standards Act (FLSA) sets a national minimum wage of $7.25 per hour and mandates overtime at one-and-a-half times a worker’s regular rate for all hours over 40 in a workweek. Florida voters approved a constitutional amendment indexing the state minimum wage to inflation:

• Florida’s minimum wage as of September 30, 2023, is $12.00 per hour.

• Tipped employees must receive a cash wage of at least $8.98 per hour, with tips making up the difference to the full minimum wage.

An employer who willfully fails to pay Sarasota employees minimum wage or overtime can face civil penalties, liquidated damages equal to unpaid wages, and in rare circumstances criminal sanctions. Claims may be filed in federal court under the FLSA or in Florida state court under Fla. Stat. § 448.110 after first providing written notice to the employer.

Common Employment Law Violations in Florida

Although each case is unique, the Florida Commission on Human Relations and EEOC’s charge data show the following violations arise frequently in Sarasota and statewide.

• Unpaid Overtime or Misclassification: Employers sometimes classify hourly workers as “exempt” salaried positions to avoid overtime. The FLSA’s white-collar exemptions apply only when employees meet both the salary basis and specific job duties tests.

• Sexual Harassment: Unwelcome sexual advances, comments, or retaliation after reporting harassment. Hospitality and restaurant sectors—major employers in Sarasota—receive disproportionately high complaints.

• Pregnancy Discrimination: Firing or refusing reasonable accommodation for pregnant employees, prohibited under the Pregnancy Discrimination Act and FCRA.

• Retaliation: Adverse job action for protected activities such as reporting wage theft, cooperating with EEOC investigations, or seeking accommodations for a disability.

• Wrongful Termination After Workers’ Compensation Claims: Fla. Stat. § 440.205 bars retaliation against employees who file or attempt to file workers’ compensation claims.

Florida Legal Protections & Employment Laws

Florida Civil Rights Act (FCRA)

The FCRA, Fla. Stat. § 760.01–760.11, parallels Title VII but provides a 365-day period to file a charge with the FCHR—longer than the federal 180/300-day deadline. Remedies include back pay, front pay, reinstatement, compensatory damages, and attorneys’ fees. Punitive damages are capped at $100,000.

Before suing under the FCRA, employees must exhaust administrative remedies by filing with the FCHR or EEOC. Following a “cause” finding or the passage of 180 days without a determination, the worker may request a Right-to-Sue letter and has one year from the letter to file in state court.

Title VII of the Civil Rights Act of 1964

Title VII prohibits discrimination by employers with 15+ employees. An EEOC charge generally must be filed within 300 days of the discriminatory act when a parallel state law exists (such as the FCRA), otherwise within 180 days. After receiving a Notice of Right to Sue, a plaintiff has 90 days to file a lawsuit in federal court.

Fair Labor Standards Act (FLSA)

The statute of limitations for wage claims is generally two years, extended to three years for willful violations. Sarasota workers can recover unpaid wages, liquidated damages, and attorneys’ fees. No administrative filing is required; claims can be filed directly in U.S. District Court for the Middle District of Florida, Tampa Division, which covers Sarasota County.

Americans with Disabilities Act (ADA) & Florida Handicap Discrimination

The ADA requires reasonable accommodations unless doing so would impose an undue hardship on the employer. Under Sch. Bd. of Nassau Cnty. v. Arline, 480 U.S. 273 (1987), contagious and non-contagious conditions can be disabilities if they substantially limit a major life activity. The FCRA adopts similar—but sometimes broader—definitions.

Family and Medical Leave Act (FMLA)

The FMLA allows eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave for specified medical and family reasons. Retaliation for requesting or taking FMLA leave is prohibited.

Florida Whistle-blower Act (Private Sector)

Fla. Stat. § 448.102 protects employees who disclose, object to, or refuse to participate in unlawful activity. A civil action must be filed within two years of the retaliatory act.

Steps to Take After Workplace Violations

1. Document Everything

Courts routinely dismiss employment lawsuits for lack of evidence. Workers should keep:

• Pay stubs and schedules to prove unpaid wages.

• Emails, texts, or recordings (if legally obtained) that show discriminatory remarks.

• Performance evaluations or write-ups to refute pretextual firing reasons.

• A timeline journal noting dates, times, locations, and witnesses.

2. Review Employer Policies

Many Sarasota businesses maintain anti-harassment policies requiring internal complaints. Follow the policy to ensure you are protected from claims that the employer lacked notice.

3. File an Internal Complaint (If Safe to Do So)

Under Burlington Indus. v. Ellerth, 524 U.S. 742 (1998), an employer may avoid liability for supervisor harassment if the worker unreasonably fails to use internal complaint systems. Although not required in wage cases, documenting an internal report strengthens retaliation claims if adverse action follows.

4. File Charges with the EEOC or FCHR

EEOC Charge of Discrimination Instructions Florida Commission on Human Relations Online Intake

Location for In-Person Filing: The nearest EEOC office to Sarasota workers is the Tampa Field Office, 501 E. Kennedy Blvd., Suite 725, Tampa, FL 33602.

5. Send a Statutory Notice for Wage Claims

Before suing for minimum wage violations under Fla. Stat. § 448.110, an employee must give the employer 15 days’ written notice specifying the wage discrepancy. If not resolved, the employee may proceed to court.

6. Preserve the Statute of Limitations

Because state and federal deadlines differ, file early. Waiting until the last month can jeopardize your claim if agency processing delays occur.

When to Seek Legal Help in Florida

Deciding when to involve an employment lawyer sarasota florida depends on severity, timing, and workplace culture. Consulting counsel early ensures that filing deadlines are met and that evidence is preserved. Florida attorneys must be members in good standing of The Florida Bar pursuant to the Rules Regulating The Florida Bar. A lawyer can:

• Evaluate merits under both Florida and federal statutes.

• Draft agency charges, demand letters, or federal complaints.

• Engage in pre-suit settlement or mediation.

• Represent you at evidentiary hearings before the FCHR or in federal court.

Most Florida employment lawyers handle cases on a contingency fee basis, meaning you generally pay nothing unless money is recovered. However, confirm any fee arrangement in writing under Florida Bar Rule 4-1.5.

Local Resources & Next Steps for Sarasota Employees

CareerSource Suncoast

Located at 3660 N. Washington Blvd., Sarasota, FL 34234, CareerSource Suncoast offers re-employment services, skills training, and information on filing unemployment claims through the Florida Department of Economic Opportunity.

Major Area Employers

• Sarasota Memorial Health Care System – Sarasota’s largest employer with more than 7,000 workers.

• The Ritz-Carlton Sarasota – Significant hospitality employer, subject to ADA accommodation and FLSA tip credit rules.

• Publix Super Markets – Multiple locations in Sarasota County, covered by Title VII and FLSA.

Local Court Venues

• Twelfth Judicial Circuit Court – Sarasota County: 2002 Ringling Blvd., Sarasota, FL 34237 (state employment and wage lawsuits).

• U.S. District Court, Middle District of Florida – Tampa Division: 801 N. Florida Ave., Tampa, FL 33602 (federal employment claims).

External Legal and Government References

Florida Civil Rights Act Text U.S. Department of Labor – FLSA Overview Florida Department of Economic Opportunity

Conclusion

Every Sarasota employee deserves fair pay, freedom from discrimination, and a safe workplace where they can thrive. By knowing your rights under both florida employment law and federal statutes, you can better protect your livelihood and hold employers accountable. Whether you work on the water at St. Armands Circle, in a healthcare facility near Arlington Park, or in tech startups downtown, this guide equips you to spot unlawful practices, meet strict filing deadlines, and pursue justice.

Legal Disclaimer: The information provided in this guide is for educational purposes only and does not constitute legal advice. Laws change frequently, and the application of law to specific facts requires consultation with a qualified attorney licensed in Florida.

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.