Orlando Guide to Florida Employment Law Rights

12 min read

Introduction: Why Orlando Employees Need to Understand Florida Employment Law

Greater Orlando’s booming hospitality, healthcare, and technology sectors attract thousands of workers every year. Yet rapid economic growth often brings workplace conflict—wrongful termination, unpaid overtime, retaliation, and discriminatory practices. Knowing your rights under Florida employment law and federal statutes is the first step to protecting your livelihood and mental well-being. Unlike many states, Florida is largely an at-will employment jurisdiction, meaning an employer may terminate you for almost any lawful reason. However, exceptions rooted in state and federal law shield employees from unfair treatment. This guide explains those protections, statutory deadlines, and practical steps Orlando workers can take when their rights are violated.

You’ll learn how to navigate agencies such as the Florida Commission on Human Relations (FCHR), the Florida Department of Economic Opportunity (DEO), and the U.S. Equal Employment Opportunity Commission (EEOC). Equipped with this knowledge, you will be better prepared to assert your claims—or decide when to enlist experienced counsel like Louis Law Group. If you suspect a violation, call 833-657-4812 for a free evaluation.

Understanding Your Employment Rights in Florida

At-Will Employment—But With Boundaries

Florida’s default rule lets employers terminate workers “at will.” Still, an employer cannot fire or discipline you for reasons that violate:

• State or federal anti-discrimination laws

• Wage and hour protections

• Public-policy exceptions (e.g., jury duty, military leave)

• Contractual agreements (including collective bargaining agreements)

Minimum Wage and Overtime

Because the state ties its minimum wage to cost-of-living increases, the 2024 Florida minimum wage is $12.00/hour, higher than the federal $7.25. Tipped workers earn $8.98/hour plus tips. Non-exempt employees are entitled to overtime at 1.5 times their regular rate for hours worked beyond 40 in a workweek under the Fair Labor Standards Act (FLSA).

Protected Classes and Anti-Discrimination Law

Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) apply nationwide. Florida Statutes Chapter 760 mirrors and expands on those protections, covering race, color, religion, sex (including pregnancy), national origin, age, handicap, and marital status. Recent amendments also recognize protections for LGBTQ+ employees pursuant to the U.S. Supreme Court’s Bostock v. Clayton County decision.

Wage & Hour Protections in the Sunshine State

Florida Statutes Chapter 448.08 allows recovery of unpaid wages plus attorney’s fees—an incentive for employees to bring claims. Under the Florida Minimum Wage Act, aggrieved workers must serve written notice to the employer at least 15 days before filing suit.

Common Employment Disputes in Florida

Below are the most frequent issues reported by Orlando workers to the FCHR and EEOC Miami District:

• Wrongful Termination – Termination for discriminatory reasons, retaliation, or breach of contract.

• Unpaid Wages & Overtime – Employers misclassify employees as exempt or require off-the-clock work.

• Workplace Discrimination – Adverse actions based on race, sex, age, disability, or other protected traits.

• Retaliation & Whistleblower Claims – Florida’s Private Whistleblower Act (Fla. Stat. §448.102) protects employees who object to illegal activities.

• Harassment & Hostile Work Environment – Severe or pervasive conduct that alters working conditions.

Each dispute type triggers specific deadlines, forums, and remedies, discussed below.

Florida Legal Protections & Regulations

Key Statutes

Florida Statutes Chapter 448 – Labor regulations, wage claims, whistleblower protections.

• Florida Statutes Chapter 760 – Florida Civil Rights Act, paralleling Title VII.

• 42 U.S.C. §2000e et seq. – Federal anti-discrimination provisions.

Administrative Enforcement

The FCHR investigates state discrimination claims. If probable cause is found, you may sue in state court. Otherwise, you can request an “administrative hearing” before the Division of Administrative Hearings (DOAH) or accept a dismissal and move to circuit court.

The EEOC enforces federal laws. It has work-sharing agreements with FCHR, so filing with one agency generally covers deadlines for both.

Filing Deadlines (Statutes of Limitation)

• Discrimination/Retaliation (state): 365 days to file with FCHR.

• Discrimination/Retaliation (federal): 300 days to file with EEOC (because Florida has a state agency).

• FLSA Unpaid Wages: 2 years (3 years for willful violations) in federal court.

• Florida Minimum Wage Act: 4 years (5 for willful) after serving 15-day notice.

• Private Whistleblower Act: 2 years from retaliatory action.

Court Precedents Shaping Florida Workplace Law

• Bonaventure v. Florida Power & Light Co., 620 So. 2d 445 (Fla. 1993) – Clarified whistleblower protections.

• Magnum v. Miami-Dade County, 246 So. 3d 1020 (Fla. 3d DCA 2018) – Affirmed employer liability for hostile work environment.

• Ross v. Carnival Corp., 233 F. Supp. 3d 1336 (S.D. Fla. 2017) – Emphasized strict record-keeping for FLSA defenses.

Steps to Take After an Employment Dispute

1. Document Everything

• Keep copies of pay stubs, schedules, performance reviews, and emails.

• Create a timeline of events—dates, witnesses, and specific statements.

• Save voicemails or text messages on personal, password-protected devices.

2. Review Company Policies

Employee handbooks often outline complaint procedures. Using internal channels first can demonstrate good faith and may be required before external filings (especially for harassment claims under Faragher/Ellerth defenses).

3. File an Internal Complaint

Send a professional, dated email to HR or management describing the issue and the remedy sought. Request written confirmation of receipt.

4. Seek External Remedies

• Filing with FCHR or EEOC: Submit an Intake Questionnaire online or in person. Provide a concise statement, supporting evidence, and witness information.

• DEO Wage Complaint: For unpaid wages, file a claim with DEO or send the statutory pre-suit notice for minimum-wage violations.

• Retain Counsel: Complex cases—especially retaliation or classwide wage disputes—benefit from legal representation.

5. Preserve Deadlines

Mark critical dates on a calendar and set reminders. Courts rarely extend statutory filing periods.

When to Seek Legal Help in Florida

While some employees self-file EEOC or wage claims, certain red flags indicate you should consult a lawyer:

• Imminent layoffs or unilateral severance agreements

• Non-compete or arbitration clauses in your contract

• Large wage underpayments affecting multiple employees

• Complex disability accommodations or FMLA interference

• Retaliation following whistleblowing or workers’ comp claims

Louis Law Group’s employment division focuses on Orlando employee rights. We analyze timelines, gather evidence, and negotiate or litigate aggressively to secure lost wages, reinstatement, or compensatory damages. Initial consultations are free.

Local Resources & Next Steps

Government Agencies Serving Orlando

• FCHR – 4075 Esplanade Way, Tallahassee, FL 32399 (file online or by mail).

• EEOC Miami District Office – 100 SE 2nd St, Suite 1500, Miami, FL 33131; covers Orlando.

• DEO Bureau of Workforce Services – 107 E Madison St, Tallahassee, FL 32399.

• Orange County Bar Association Lawyer Referral Service – Can connect you with local employment attorneys.

• Community Legal Services of Mid-Florida – Offers limited pro bono employment advice.

Next Steps for Orlando Workers

• Confirm your filing deadlines.

• Collect and organize evidence.

• Draft an internal complaint or statutory pre-suit notice.

• Consult an attorney to discuss legal strategy.

If you believe your workplace rights have been violated, call Louis Law Group at 833-657-4812 for a free case evaluation.

Disclaimer

The information provided is for educational purposes only and does not constitute legal advice. Reading this guide does not create an attorney-client relationship. Consult a licensed Florida employment attorney for guidance specific to your situation.