Labor Law Attorney Near Me: Employment Law in Sarasota, FL

Introduction: Why Employment Law Matters in Sarasota, Florida

Sarasota, Florida is known for its award-winning beaches, thriving tourism sector, and rapidly growing healthcare and construction industries. According to the Sarasota County Economic Development Corporation, more than 187,000 people work in the county, many in hospitality, health services, and manufacturing. Whether you are a seasonal hotel worker on Siesta Key, a nurse at Sarasota Memorial Hospital, or a skilled tradesperson on a new condominium project downtown, you are protected by state and federal employment laws. Understanding these rules—and when to call an employment lawyer in Sarasota, Florida—can make the difference between safeguarding your career and losing valuable legal rights.

This guide slightly favors employees while remaining strictly factual and sourced from authoritative law such as the Florida Civil Rights Act of 1992 (FCRA), Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), and the Americans with Disabilities Act (ADA). All citations are accurate as of June 2024.

Understanding Your Employment Rights in Florida

Florida’s At-Will Employment Doctrine

Florida follows the at-will employment rule: employers may terminate an employee for any reason or no reason, provided the decision is not illegal. Illegal reasons include discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40+), disability, or marital status under Title VII and the FCRA (Fla. Stat. § 760.01 et seq.). Retaliation for protected activity—such as filing a wage complaint or reporting discrimination—is also forbidden.

Key Employee Rights Under Federal and Florida Law

• Anti-Discrimination Protections: Title VII (42 U.S.C. § 2000e) and the FCRA both prohibit discrimination in compensation, hiring, promotion, and termination.

• Wage and Hour Protections: The FLSA sets federal minimum wage ($7.25/hour) and overtime (time and a half for hours worked over 40 in a workweek). Florida’s state minimum wage is higher—$12.00/hour as of September 30, 2023—and will increase annually until it reaches $15.00/hour in 2026 (Art. X, § 24, Fla. Const.).

• Disability Accommodation: The ADA requires employers with 15+ workers to provide reasonable accommodations to disabled employees unless it causes undue hardship.

• Family and Medical Leave: The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for eligible employees of employers with 50+ workers.

• Whistleblower Protections: Florida’s Private Sector Whistleblower Act (Fla. Stat. §§ 448.101–448.105) prohibits retaliation for objecting to or refusing to participate in illegal activity.

Common Employment Law Violations in Florida

Unpaid Overtime and Minimum Wage Violations

The hospitality sector—hotels, restaurants, and resorts—is a significant employer in Sarasota. Overtime violations often occur when servers, bartenders, or housekeepers are paid a salary or day rate that ignores hours worked beyond 40. Florida’s tipped minimum wage is $8.98/hour for direct wages (2024), yet employers must ensure tips bring the total to at least $12.00/hour. Failure triggers liability under FLSA and the Florida Minimum Wage Act.

Discrimination and Harassment

Age bias is common in Sarasota’s healthcare and retail industries, where older workers may be passed over for younger hires. Pregnancy discrimination has also been litigated under both Title VII and the FCRA. A 2022 Middle District of Florida decision, Perreira v. American Athletic Inc., denied an employer’s motion for summary judgment where a Sarasota worker alleged termination weeks after disclosing her pregnancy, signaling courts’ willingness to let juries decide such cases.

Wrongful Termination for Protected Activity

Because Florida is at-will, “wrongful termination” must connect to a statute. Common protected activities include:

• Reporting wage theft to the U.S. Department of Labor.

• Filing a discrimination charge with the EEOC or Florida Commission on Human Relations (FCHR).

• Opposing unsafe work conditions under OSHA.

If you were fired for any of these reasons, consult an employment lawyer Sarasota Florida immediately to preserve evidence and meet deadlines.

Florida Legal Protections & Employment Laws

Florida Civil Rights Act (FCRA)

The FCRA mirrors Title VII but covers employers with 15 or more employees and explicitly includes marital status as a protected class. You must file a complaint with the FCHR within 365 days of the discriminatory act (FCHR).

Title VII and EEOC Process

Under Title VII, you generally have 300 days to file a charge with the Equal Employment Opportunity Commission because Florida is a “deferral” state with its own civil rights agency (FCHR). After investigation, the EEOC may issue a Notice of Right to Sue; you then have 90 days to file a federal lawsuit.

Fair Labor Standards Act (FLSA) and Florida Minimum Wage Act

Employees have:

• 2 years to bring an overtime or minimum wage suit (3 years if the employer’s violation is “willful”).

• Liquidated damages equal to back pay unless the employer shows good faith.

Florida’s statute (Art. X, § 24, Fla. Const.) allows employees to send a 15-day demand letter before suing in state court for minimum wage violations.

Florida Private Sector Whistleblower Act

Employees must file suit within 4 years from retaliatory termination. Remedies include reinstatement, back pay, and attorney’s fees.

Workers’ Compensation Retaliation

Under Fla. Stat. § 440.205, employers may not fire or threaten workers for filing a workers’ compensation claim. The statute of limitations is 4 years.

Steps to Take After Workplace Violations

1. Document Everything

Keep copies of paystubs, schedules, emails, text messages, and performance reviews. Florida is a one-party consent state for recording conversations (Fla. Stat. § 934.03), meaning you may record if you are a party to the conversation.

2. Follow Internal Complaint Procedures

If your employer has a written harassment or wage complaint policy, use it. Courts may reduce damages if you fail to give the employer a chance to correct the problem (Burlington Indus. v. Ellerth, 524 U.S. 742 (1998)).

3. File Timely Administrative Charges

Discrimination/Retaliation: File with the EEOC (EEOC official site) within 300 days, or with the FCHR within 365 days.

• Wage Claims: Send the 15-day demand letter for Florida minimum wage; file an FLSA lawsuit within 2–3 years.

• Whistleblower/Workers’ Comp Retaliation: Calendar the 4-year window.

4. Contact a Qualified Attorney

An employment lawyer Sarasota Florida will evaluate claims, draft demand letters, and litigate if necessary. Florida attorneys must be members in good standing of The Florida Bar under Rule 1-3.2.

When to Seek Legal Help in Florida

Signs You Should Call an Employment Lawyer

• You are terminated days after reporting harassment.

• Your paycheck is missing overtime despite 50-hour workweeks.

• Your manager refuses reasonable medical accommodation.

• You received a Right-to-Sue notice from the EEOC.

Choosing the Right Counsel

Look for lawyers who focus on florida employment law, have trial experience in the Middle District of Florida (Tampa Division covers Sarasota), and offer contingency-fee representation. Verify disciplinary history on The Florida Bar’s website.

Local Resources & Next Steps

• FCHR: 4075 Esplanade Way, Room 110, Tallahassee, FL 32399; (850) 488-7082.

• EEOC Miami District Office: 100 SE 2nd St., Suite 1500, Miami, FL 33131; (800) 669-4000 (covers Sarasota).

• CareerSource Suncoast – Sarasota Office: 3660 N. Washington Blvd., Sarasota, FL 34234; (941) 358-4200—assists with unemployment claims.

• Sarasota County Bar Association Lawyer Referral Service: (941) 861-8180.

For wage claims, you may also visit the U.S. Department of Labor’s Wage and Hour Division Tampa Area Office, which has jurisdiction over Sarasota.

Disclaimer: This article provides general information only and does not constitute legal advice. Consult a licensed Florida attorney for guidance on your specific 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.