Labor Attorney Near Me: Employment Law Guide, Hollywood, Florida

Introduction: Why Employment Law Matters in Hollywood, Florida

Hollywood, Florida—nestled between Fort Lauderdale and Miami—hosts more than 150,000 residents and a workforce that fuels Broward County’s tourism, healthcare, and retail sectors. From hospitality workers on Hollywood Beach to medical professionals at Memorial Regional Hospital, employees here face unique workplace challenges. Understanding state and federal employment laws is critical whether you are a server on the Broadwalk, a technician at Fort Lauderdale–Hollywood International Airport, or a software developer in the city’s growing tech corridor. This location-specific guide, written slightly in favor of employee protections, explains Florida employment law, common violations, and the steps Hollywood workers can take to safeguard their rights.

Understanding Your Employment Rights in Florida

Florida’s At-Will Employment Doctrine

Florida is an at-will employment state. Under common law, employers can terminate employees for any reason or no reason—as long as the reason is not illegal. Illegal reasons include discrimination prohibited by the Florida Civil Rights Act of 1992 (FCRA, Fla. Stat. §760) and Title VII of the Civil Rights Act of 1964, retaliation for protected activity, or discharge that violates public policy (e.g., firing an employee for filing a workers’ compensation claim under Fla. Stat. §440.205).

Key Federal and State Statutes Protecting Hollywood Workers

• Florida Civil Rights Act (FCRA) – Fla. Stat. §§760.01–760.11: Bans employment discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status for employers with ≥15 employees.

• Title VII of the Civil Rights Act of 1964: Federal counterpart to FCRA, covering employers with ≥15 employees and prohibiting the same protected-class discrimination.

• Fair Labor Standards Act (FLSA): Establishes minimum wage, overtime pay (1.5× after 40 hours), and child labor standards.

• Americans with Disabilities Act (ADA): Requires reasonable accommodation for qualified workers with disabilities.

• Florida Minimum Wage Act – Fla. Stat. §448.110: Sets Florida’s minimum wage, adjusted annually ($12.00 per hour as of Sept. 30, 2023).

Statute of Limitations for Common Employment Claims

• FCRA: Charge must be filed with the Florida Commission on Human Relations (FCHR) within 365 days of the discriminatory act.

• Title VII (EEOC): In Florida, a deferral state, employees have 300 days to file an EEOC charge.

• FLSA Wage and Overtime: Two years (three if the violation is willful) to file suit.

• Retaliatory Personnel Action (Whistleblower) – Fla. Stat. §448.102: Lawsuit must generally be filed within four years.

Common Employment Law Violations in Florida

1. Wage and Hour Issues

Tourism and hospitality dominate Hollywood’s economy. Servers, bartenders, and hotel staff frequently encounter wage violations—unpaid overtime, tip pooling abuses, and off-the-clock work. The FLSA and Florida Minimum Wage Act require employers to keep accurate records and pay all hours worked. Employers that deduct more than the allowed tip credit (currently $3.02) violate state and federal law.

2. Discrimination & Harassment

Broward County’s workforce is one of the most diverse in Florida, yet discrimination persists. Pregnancy discrimination remains a repeat infraction, particularly in healthcare and retail. Under Fla. Stat. §760.10 and Title VII, any adverse action—firing, demotion, reduced hours—stemming from a worker’s pregnancy or protected trait is unlawful. The Florida Supreme Court’s decision in Delva v. Continental Group, Inc., 137 So.3d 371 (Fla. 2014), confirmed that pregnancy discrimination is actionable under FCRA.

3. Retaliation for Protected Activity

Employees who report wage theft or file discrimination complaints often face retaliation. Both FCRA and Title VII prohibit punitive actions—reassignment, termination, negative evaluations—because a worker engaged in protected activity. Florida’s Public Whistleblower Act protects public employees, while §448.102 extends retaliation protections to private-sector workers who disclose employer misconduct.

4. Misclassification of Workers

Concert venues and seasonal festivals on Hollywood Beach occasionally hire “independent contractors” who are really employees under the FLSA’s economic-reality test. Misclassification deprives workers of overtime, unemployment insurance, and workers’ compensation. The U.S. Department of Labor’s Wage and Hour Division frequently audits Florida hospitality employers on this issue.

5. Failure to Accommodate Disabilities

Under the ADA and Fla. Stat. §760.10(1)(a), employers must provide reasonable accommodations—modified schedules, assistive devices—unless doing so causes undue hardship. Hollywood’s growing senior-care facilities and hospitals must train managers on interactive accommodation processes to avoid liability.

Florida Legal Protections & Employment Laws Explained

Equal Employment Opportunity under FCRA & Title VII

The FCRA allows aggrieved employees to recover back pay, compensatory damages, and—in cases of “intentional discrimination”—punitive damages up to $100,000. Title VII caps compensatory and punitive damages based on employer size (e.g., $50,000 for 15–100 employees, up to $300,000 for ≥500 employees). Both statutes authorize reinstatement or front pay when returning to the workplace is impractical.

Overtime, Minimum Wage, and Tipped Workers

Florida’s constitution mandates a state minimum wage exceeding the federal rate. As of September 30, 2023, it is $12.00 per hour, increasing $1 each September until it reaches $15.00 in 2026. Tipped employees must receive a direct cash wage of $8.98 after tip credit. Overtime pay remains 1.5× regular rate for hours >40 per week, unless an exemption (executive, administrative, professional) applies. Employers who violate overtime laws can be liable for liquidated damages equal to unpaid wages plus reasonable attorneys’ fees under 29 U.S.C. §216(b).

Protection Against Retaliation

Both federal (Title VII, FLSA) and state (FCRA, Fla. Stat. §448.102) laws prohibit retaliatory actions. To establish a prima facie retaliation case, an employee must show: (1) protected activity, (2) adverse employment action, and (3) a causal link. The Eleventh Circuit Court of Appeals, binding on Florida, reaffirmed this framework in Furcron v. Mail Centers Plus, LLC, 843 F.3d 1295 (11th Cir. 2016).

Family & Medical Leave

Florida lacks a state FMLA analogue, so workers rely on the federal Family and Medical Leave Act (FMLA). Eligible employees (12 months, 1,250 hours, 50-employee site) can take 12 weeks unpaid leave for serious health conditions. Hollywood hospitality workers should note high seasonal hiring may complicate hour requirements; keep pay stubs to verify eligibility.

Background Checks & Ban-the-Box

Florida imposes no statewide “ban-the-box,” but Broward County Ordinance No. 2013-22 limits criminal history inquiries for county jobs. Private employers in Hollywood may still conduct background checks but must follow the Fair Credit Reporting Act (FCRA, 15 U.S.C. §1681) and provide pre-adverse action notices.

Employment of Minors

Florida Child Labor Laws (Fla. Stat. §§450.012–450.151) restrict hours for minors under 18—especially pertinent during Hollywood’s spring-break season. Violations can incur civil penalties up to $2,500 per offense.

Non-Compete Agreements

Section 542.335, Fla. Stat., enforces reasonable non-compete agreements if supported by a legitimate business interest. For hourly workers in hospitality, courts often find restrictive covenants overbroad, favoring employee mobility.

Steps to Take After Workplace Violations

1. Document Everything

Keep pay stubs, timesheets, emails, and witness names. In wage cases, sworn employee testimony of work hours can shift the burden to the employer (Anderson v. Mt. Clemens Pottery, 328 U.S. 680 (1946)).

2. Follow Internal Complaint Procedures

Many Hollywood employers—especially large resorts like the Diplomat Beach Resort—maintain written grievance policies. Use them first to strengthen future retaliation claims.

3. File a Charge with FCHR or EEOC

• Dual Filing: Filing with one agency automatically files with the other when the claim involves Title VII and FCRA.

• Time Limits: 365 days (FCHR) and 300 days (EEOC) from the discriminatory act.

• Mediation: Both agencies offer free mediation that can resolve disputes quickly.

4. Send a Pre-Suit Notice (Wage Claims)

Before suing for minimum wage under Fla. Stat. §448.110, employees must send written notice to the employer and wait 15 days for payment.

5. Consult a Licensed Florida Employment Lawyer

An attorney can assess damages, draft a litigation plan, and ensure compliance with filing deadlines. Florida Bar Rule 4-5.5 requires attorneys practicing in state courts to be Florida-licensed or admitted pro hac vice with local counsel.

When to Seek Legal Help in Florida

Indicators You Need Counsel

• Termination soon after reporting harassment or wage theft.

• Employer threatens immigration consequences (unlawful under 8 U.S.C. §1324b).

• Systemic wage violations affecting multiple employees—potential collective action under FLSA §216(b).

• Denial of reasonable accommodation or FMLA leave.

Choosing the Right Attorney

Verify Florida Bar membership (Florida Bar Member Search). Look for attorneys experienced in wage and discrimination litigation in the Southern District of Florida and Broward County Circuit Court.

Local Resources & Next Steps

• Florida Commission on Human Relations (FCHR): 4075 Esplanade Way, Room 110, Tallahassee, FL 32399. Online intake available.

• EEOC Miami District Office: One Biscayne Tower, 2 S. Biscayne Blvd., Suite 2700, Miami, FL 33131 (serves Hollywood).

• CareerSource Broward – Hollywood Center: 3810 N. 29th Ave., Hollywood, FL 33020. Offers reemployment assistance.

• Southern District of Florida (Fort Lauderdale Division): 299 E. Broward Blvd., Fort Lauderdale, FL 33301—federal venue for many employment lawsuits.

Authoritative External Resources

Florida Commission on Human Relations U.S. Equal Employment Opportunity Commission U.S. Department of Labor – FLSA Compliance Florida Minimum Wage Act – Fla. Stat. §448

Legal Disclaimer

This guide provides general information about Florida and federal employment laws and is not legal advice. Workplace disputes are fact-specific; consult a licensed Florida attorney for advice on 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.