Orlando Florida Employment Law Guide for Workers

13 min read

Introduction: Why Orlando Employees Need to Know Their Rights

Central Florida’s job market is booming. From the theme-park industry to cutting-edge tech startups along the I-4 corridor, Orlando employees power one of the fastest-growing metropolitan areas in the United States. But with rapid growth comes an uptick in workplace disputes—wrongful termination, unpaid overtime, discrimination, and retaliation claims filed with the Florida Commission on Human Relations (FCHR) have increased steadily over the past decade. Knowing your rights under Florida employment law and federal statutes is the first step toward protecting your livelihood. This guide—written with employees in mind—breaks down the critical laws, timelines, and resources relevant to workers in Orlando, Florida. You’ll learn:

• The key differences between Florida and federal protections.

• Common employment disputes in the Orlando area.

• Exact deadlines for filing complaints with the FCHR, EEOC, or in court.

• Step-by-step instructions to document your claim, preserve evidence, and strengthen your case.

• When and how to enlist an experienced Florida employment attorney.

Disclaimer: This article provides general information for educational purposes; it is not legal advice. Employment laws change, and factual situations differ. Consult a qualified attorney about your specific matter. Past results do not guarantee future outcomes.

Understanding Your Employment Rights in Florida

1. Florida’s At-Will Doctrine—With Notable Exceptions

Florida is an at-will employment state (i.e., employers may terminate employees for any reason or no reason at all) unless:

• There is a valid employment contract (individual or collective-bargaining agreement).

• The termination is based on a protected characteristic (race, sex, disability, etc.).

• It violates public policy (for example, firing someone for jury duty or filing a workers’ compensation claim).

These exceptions stem from Chapter 760, Florida Statutes—the Florida Civil Rights Act (FCRA).

2. Wage and Hour Protections

Florida sets its own minimum wage—$12.00/hour as of September 30, 2023—through Article X, §24 of the Florida Constitution. This rate rises each September until it reaches $15 in 2026. Employers must also follow the federal Fair Labor Standards Act (FLSA), enforced by the U.S. Department of Labor, which mandates:

• Overtime pay at 1.5 times the regular rate for hours worked over 40 in a workweek (non-exempt employees).

• Record-keeping requirements for hours and pay.

Under Florida Statute §448.110, employees can sue in state court for unpaid minimum wages and recover back pay plus reasonable attorney’s fees.

3. Anti-Discrimination & Anti-Retaliation Protections

Both the FCRA and federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) prohibit adverse action based on protected characteristics. Florida’s statute mirrors Title VII but applies to employers with 15 or more employees (Title VII’s threshold) and covers marital status, which federal law does not.

Retaliation for complaining about discrimination, wage theft, or participating in investigations is illegal under F.S. §448.102 (Florida’s Private Whistleblower Act) and federal law (29 U.S.C. §215(a)(3)).

Common Employment Disputes in Orlando

The following issues frequently trigger litigation or administrative charges in Orange County:

1. Wrongful Termination

While “wrongful termination” isn’t an independent claim in Florida, terminations violating a statute—such as firing an employee for reporting safety violations to OSHA—create actionable claims under F.S. §448.102 or the relevant federal statute.

2. Wage & Hour Violations

• Misclassifying hourly workers as salaried “managers” to avoid overtime.

• Off-the-clock work for hospitality employees in Orlando’s hotel corridor.

• Unpaid commissions or tips, especially in restaurants around International Drive.

Employees have two years to sue under the FLSA (three if the violation is “willful”). Florida’s minimum-wage actions carry a four-year statute of limitations (five for willful violations).

3. Discrimination & Harassment

Charges commonly cite race, national origin, pregnancy, disability, and sexual orientation (explicitly protected under U.S. Supreme Court precedent Bostock v. Clayton County, 2020). Hospitality and tech sectors see a growing number of pregnancy-based claims as companies expand maternity policies.

4. Retaliation

Retaliation remains the most frequently filed charge with both the EEOC and FCHR. Examples include:

• Demoting an employee after they request ADA accommodation.

• Cutting hours when a worker files a wage complaint.

Florida Legal Protections & Procedures

1. Key Statutes

• Chapter 448 – Wage protections & whistleblower laws.

• Chapter 760 – Florida Civil Rights Act (discrimination).

• F.S. §440.205 – Prohibits retaliation for workers’ compensation claims.

2. Filing Discrimination or Harassment Charges

• Deadline: File with the FCHR within 365 days of the discriminatory act.

• Because Florida is a “deferral” state, filing with the FCHR dual-files the claim with the Equal Employment Opportunity Commission (EEOC), satisfying the federal 300-day limit.

• The agency investigates or offers mediation; if unresolved, you receive a “Notice of Right-to-Sue,” allowing you 90 days to file in court.

Location for Orlando residents: the EEOC Miami District handles Central Florida, while the FCHR accepts online filings.

3. Wage Claims

• Send a statutorily required “Notice of Intent to Sue” letter to your employer under F.S. §448.110(6)(a), giving them 15 days to pay owed wages.

• File in state court if unpaid.

Alternatively, file a complaint with the Florida Department of Economic Opportunity (DEO) or the U.S. Department of Labor’s Wage & Hour Division.

4. Whistleblower & Retaliation Claims

Under the Florida Private Whistleblower Act (F.S. §448.102), private employees must notify the employer in writing of the wrongdoing and allow 15 days for a correction unless the violation is ongoing.

5. Statutes of Limitation at a Glance

• FCHR charge: 365 days.

• EEOC charge: 300 days (Florida employees).

• FLSA suit: 2 years (3 for willful).

• Florida minimum wage: 4 years (5 for willful).

• Retaliation under F.S. §448.102: 2 years.

Steps to Take After an Employment Dispute

1. Document Everything

• Keep a contemporaneous log of incidents: dates, times, witnesses, and exact statements.

• Save pay stubs, schedules, and timecards to prove unpaid wages.

• Preserve texts, emails, and Slack messages—avoid using company devices when possible.

2. Follow Internal Policies

Most employers’ handbooks describe grievance procedures. File a written complaint with HR. Not only does this provide proof of notice, but some statutes (e.g., Florida whistleblower laws) require an internal report first.

3. File Your Agency Charge Timely

• Use the FCHR’s online portal or mail the Employment Complaint of Discrimination form.

• Provide concise facts—legal conclusions aren’t necessary, but mention protected class and adverse action.

• Request a Right-to-Sue letter if you prefer to move directly to court after administrative filing.

4. Consider Mediation

The FCHR and EEOC offer free mediation. Settlement may include back pay, front pay, reinstatement, policy changes, and attorney’s fees.

5. Preserve Evidence for Litigation

Once litigation is "reasonably anticipated," both sides must preserve evidence. Deleting emails or wiping devices can trigger sanctions.

When to Seek Legal Help in Florida

While employees can self-file agency charges, complex claims—especially those involving multiple statutes—benefit from skilled counsel. Consider hiring an attorney when:

• You face significant economic loss (career-level positions in Orlando’s tech sector often exceed $100,000 annual earnings).

• The employer is a large corporation with robust legal defense.

• You need court representation after the Right-to-Sue letter.

• Deadlines are approaching and discovery-rule exceptions may apply.

Louis Law Group’s employment team is licensed throughout Florida, including the U.S. District Court for the Middle District of Florida, which hears most Orlando workplace cases. They offer contingency-fee representation, meaning you pay nothing unless they recover compensation.

Local Resources & Next Steps

Government Agencies Serving Orlando

Florida Commission on Human Relations – State discrimination complaints. Equal Employment Opportunity Commission – Miami District Office – Federal discrimination enforcement. Florida Department of Economic Opportunity (DEO) – Wage, unemployment, and labor market data. Orange County Bar Association Lawyer Referral Service – Local attorney referrals.

Community & Legal Aid

Low-income employees may qualify for free representation through Community Legal Services of Mid-Florida. Students at Barry University’s Legal Clinic also offer limited assistance under faculty supervision.

Take Action Today

If you believe your workplace rights have been violated, act quickly—deadlines are strict, and delay hurts your case. Call Louis Law Group at 833-657-4812 for a free, confidential case evaluation. The firm will explain your options, handle agency filings, and fight for the compensation you deserve.

Louis Law Group – Advocating for Orlando employee rights statewide.