Guide to Florida Employment Law in Hialeah

Estimated reading time: 12 min read

Introduction: Why Hialeah Employees Need to Understand Florida Workplace Laws

Hialeah’s economy—fueled by healthcare, manufacturing, and an ever-growing logistics sector tied to Miami International Airport—relies on a diverse workforce. Whether you are an assembler in one of the city’s industrial parks, a nurse at Hialeah Hospital, or a cashier along West 49th Street, knowing your legal protections can be the difference between vindicating your rights and losing them forever. Florida follows the “at-will” doctrine, meaning employers can generally terminate employees for any reason—or no reason—so long as the motive is not unlawful. However, federal and state statutes carve out critical exceptions that protect you from discrimination, unpaid wages, retaliation, and harassment. This guide breaks down those protections, explains deadlines, and offers a practical, step-by-step plan tailored to employees in Hialeah, Florida. If you suspect your workplace rights have been violated, call Louis Law Group at 833-657-4812 for a free case evaluation.

Understanding Your Employment Rights in Florida

1. At-Will Employment and Its Limits

In Florida, employment is presumptively at will (see Fla. Stat. § 448.07). Your employer can terminate you without notice or cause, but cannot do so for an illegal reason, such as discrimination, retaliation, or refusing to participate in unlawful conduct.

2. Wage and Hour Basics

• Florida Minimum Wage: As of September 2023, the state minimum wage is $12.00 per hour and will rise by $1 each September until it reaches $15 in 2026, under Art. X, §24 of the Florida Constitution.

• Overtime: Florida follows the federal Fair Labor Standards Act (FLSA). Non-exempt workers must receive 1.5× their regular rate for hours worked over 40 in a workweek.

• Tip Credits: Employers may credit up to $3.02 toward tipped employees’ wages, but only if employees’ tips plus wages meet or exceed the state minimum wage.

3. Protected Classes Under Anti-Discrimination Laws

Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act (FCRA), codified at Fla. Stat. §§ 760.01–760.11, prohibit discrimination in employment based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, and marital status. Local Miami-Dade ordinances add protections for familial status and certain wage theft issues.

4. Family and Medical Leave

Although Florida has no state-specific family leave statute, Hialeah workers employed by companies with 50+ employees may qualify for up to 12 weeks of unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA). You must have worked at least 1,250 hours in the preceding 12 months.

Common Employment Disputes in Florida

1. Wrongful Termination

Florida does not recognize a standalone claim called “wrongful termination,” but employees may sue when a firing violates specific statutes or public policy. For example, terminating an employee for filing a workers’ compensation claim violates Fla. Stat. § 440.205. Similarly, firing someone due to race or pregnancy violates the FCRA and Title VII.

2. Wage Theft

Unpaid overtime, illegal deductions, and misclassification of employees as independent contractors are rampant in South Florida’s gig economy. Under the FLSA, you can recover back wages and an equal amount in liquidated damages. Miami-Dade County’s Wage Theft Ordinance provides an administrative process for claims up to $60,000.

3. Discrimination and Harassment

Workplace harassment that is severe or pervasive enough to create a hostile work environment violates federal and state law. In 2020, the 11th Circuit (covering Florida) affirmed in Monaghan v. Worldpay US, Inc. that derogatory racial comments by supervisors supported a hostile-work-environment claim.

4. Retaliation and Whistleblowing

Florida’s Private Whistleblower Act (Fla. Stat. §§ 448.101–448.105) shields employees who disclose or refuse to participate in their employer’s illegal practices. Retaliation claims must be filed within two years of the adverse action.

Florida Legal Protections & Regulations

1. Florida Statutes and Administrative Agencies

• Chapter 448: Governs wage discrimination, equal pay, and whistleblower protections.

• Chapter 760: Mirrors federal anti-discrimination law and empowers the Florida Commission on Human Relations (FCHR) to investigate claims.

• Florida DEO: Enforces minimum-wage postings and administers Reemployment Assistance benefits.

• EEOC: investigates federal discrimination charges. The EEOC’s Miami District Office covers Hialeah.

2. Filing Deadlines (Statutes of Limitations)

Claim TypeAgency/ForumDeadline Discrimination (FCRA)FCHRWithin 365 days of the adverse act Discrimination (Title VII)EEOCGenerally 300 days in Florida Unpaid Wages (FLSA)Federal Court2 years (3 if willful) Retaliation (Whistleblower Act)State Court2 years Workers’ Comp RetaliationState Court4 years

3. The FCHR and EEOC Process

Victims must dual-file with the FCHR and EEOC to preserve both federal and state rights. If the FCHR does not issue a determination within 180 days, you may request a “Notice of Right to Sue” and bring a civil action.

Steps to Take After an Employment Dispute

1. Document Everything

• Time-stamp: Save emails, text messages, and voicemails. Forward them to a personal account.

• Diary: Maintain a contemporaneous log of discriminatory remarks, missed paychecks, or retaliatory incidents.

• Witnesses: Obtain written statements while memories are fresh.

2. Internal Complaint Procedures

Many employers have written policies. Escalate your concerns to HR or a supervisor in writing. This step can protect you from retaliation and strengthen your legal claim by showing you gave the employer a chance to fix the problem.

3. File External Charges

Wage claims: File a complaint with the Florida Department of Economic Opportunity or the U.S. Department of Labor’s Wage and Hour Division.

• Discrimination: Submit an Intake Questionnaire to the EEOC’s Miami District Office or directly online. The agency will cross-file with the FCHR.

• Wage theft under county ordinance: Visit the Miami-Dade Office of Consumer Protection, 601 NW 1st Ct., Miami.

4. Preserve Evidence

Do not delete relevant content or destroy company devices. Courts can impose sanctions for spoliation.

5. Consult an Attorney

An employment lawyer can calculate back-pay damages, evaluate potential punitive damages, and negotiate settlements while complying with strict filing windows.

When to Seek Legal Help in Florida

If you face termination, demotion, or pay cuts soon after complaining about illegal practices, or if HR fails to act on obvious harassment, it’s time to call counsel. In Florida’s competitive legal market, contingency-fee arrangements are common, minimizing upfront costs to employees. Louis Law Group’s employment attorneys are licensed under Florida Bar Rules Chapter 4-5 and regularly appear in the U.S. District Court for the Southern District of Florida.

Call 833-657-4812 now for a free, confidential case evaluation. There is no fee unless we recover compensation on your behalf.

Local Resources & Next Steps

Florida Commission on Human Relations – File state discrimination complaints or request mediation. EEOC Miami District Office – 100 SE 2nd St., Suite 1500, Miami, FL 33131. Dade County Bar Association Lawyer Referral Service – Matches employees with vetted attorneys. Florida Department of Economic Opportunity – Minimum wage info and wage claim forms.

• Hialeah Neighborhood Resource Unit – For local mediation, 300 E 1st Ave., Hialeah.

Act promptly. Evidence grows stale, witnesses relocate, and statutory deadlines are unforgiving. Protect your livelihood and peace of mind by leveraging the laws designed to shield Hialeah’s workforce.

If you think your employer has crossed the line, call Louis Law Group at 833-657-4812 for a free case evaluation today.

Legal Disclaimer: This guide provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Consult a licensed Florida employment attorney regarding your specific situation.