Workplace Discrimination Lawyer & Employment Law in Orlando, Florida

Introduction: Why Employment Law Matters in Orlando, Florida

Orlando is best known for its world-class theme parks, a booming hospitality sector, and a rapidly expanding technology corridor anchored by the University of Central Florida. These industries support hundreds of thousands of workers—from ride operators on International Drive to engineers in Research Park. No matter where you clock in, you are protected by a mix of federal statutes and Florida-specific laws that define how employers must treat employees. Understanding these protections empowers you to recognize discrimination, wage theft, or retaliation before they jeopardize your livelihood.

This guide is written for employees, applicants, and independent contractors working in and around Orlando. It explains core concepts of Florida employment law, outlines common violations, and walks you through the complaint process with both the U.S. Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR). While the information is comprehensive, it is not legal advice. Always consult a licensed Florida attorney for guidance on your specific facts.

Understanding Your Employment Rights in Florida

At-Will Employment—And Its Exceptions

Florida is an at-will employment state (see Fla. Stat. § 448.101–105). In plain English, an employer can terminate you for any reason—or no reason—unless the motivation violates a statute, public policy, or an express contract. Key exceptions include:

• Discrimination or Harassment based on a protected characteristic under Title VII of the Civil Rights Act of 1964 or the Florida Civil Rights Act (FCRA), Fla. Stat. § 760.01 et seq.

• Retaliation for filing a protected complaint, requesting reasonable accommodation, or participating in an investigation.

• Whistleblower Protections under the Florida Whistleblower Act or the federal Occupational Safety and Health Act (OSHA).

• Contracts and Collective Bargaining Agreements that limit termination to “just cause.”

Core Federal and Florida Statutes

• Title VII of the Civil Rights Act (42 U.S.C. § 2000e) – Bars discrimination in hiring, firing, and all terms of employment based on race, color, religion, sex, or national origin.

• Florida Civil Rights Act – Mirrors Title VII and also covers marital status and pregnancy. Employers with 15 or more employees are covered.

• Fair Labor Standards Act (FLSA) – Sets minimum wage, overtime, and record-keeping rules. Florida’s current minimum wage is higher than the federal rate and adjusts annually under Fla. Const. art. X, § 24.

• Americans with Disabilities Act (ADA) – Requires reasonable accommodations for qualified employees with disabilities.

• Family and Medical Leave Act (FMLA) – Provides up to 12 weeks of unpaid, job-protected leave for eligible employees at covered employers.

Your Right to a Safe and Fair Workplace

Whether you are flipping burgers at Orlando International Airport or writing code for a Lake Nona start-up, you are entitled to:

• Equal pay for equal work (Equal Pay Act of 1963).

• A workplace free from severe or pervasive harassment.

• A minimum wage of $12.00 per hour (effective September 30, 2023) with a scheduled rise to $15.00 by 2026.

• Overtime at 1.5× your regular rate after 40 hours in a workweek (unless exempt).

• Freedom from retaliation for protected activity.

Common Employment Law Violations in Florida

1. Discrimination and Harassment

Claims often arise from disparate treatment in promotions at major Orlando resorts, failure to accommodate a disability for back-of-house culinary staff, or sexual harassment in the tourism and nightlife sector. Under both Title VII and the FCRA, employers must promptly investigate complaints and take corrective action.

2. Wage and Hour Issues

Central Florida’s hospitality and retail sectors rely on fluctuating shifts—and sometimes unlawful pay practices. Common violations include:

• Misclassifying hourly workers as “independent contractors.”

• Paying a tipped wage below Florida’s required tipped minimum ($8.98 per hour as of 2023) without making up the difference to reach the standard minimum wage.

• Automatic meal-break deductions even when employees work through breaks.

3. Retaliation

Retaliation claims have surged nationwide, and Orlando is no exception. Examples: transferring an employee to a less desirable shift at Universal CityWalk after she reports racial harassment or reducing hours for a warehouse worker who files an OSHA complaint. Retaliation is independently unlawful under Title VII, the FCRA, and the FLSA.

4. Wrongful Termination

Because Florida is at-will, “wrongful termination” means the firing violated a statute or public policy—such as terminating a lifeguard at a hotel pool for taking authorized FMLA leave. The statute of limitations depends on the underlying law (e.g., 180/300 days to file an EEOC charge for discrimination, 2 years for FLSA wage claims).

Florida Legal Protections & Employment Laws

Florida Civil Rights Act vs. Title VII

While Title VII covers employers with at least 15 employees, the FCRA mirrors that threshold but adds marital status and has its own administrative agency—the Florida Commission on Human Relations (FCHR). Practically, employees can dual-file with both agencies, preserving federal and state remedies.

Minimum Wage & Overtime Rules

Florida voters approved a constitutional amendment in 2020 to incrementally raise the state minimum wage to $15.00 by 2026. Employers must post updated wage posters issued by the Florida Department of Economic Opportunity (DEO). Under the FLSA, most employees also qualify for overtime. Common exemptions (executive, administrative, professional) require both salary level and duties tests.

Paid and Unpaid Leave

• FMLA: Up to 12 weeks unpaid, job-protected leave for a serious health condition, birth, adoption, or qualifying military exigency. Covers employers with 50+ workers within 75 miles.

• Military Service: Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members at Orlando’s Naval Support Activity or reservists working at Walt Disney World.

• Domestic Violence Leave: Fla. Stat. § 741.313 grants eligible employees up to three working days of leave in a 12‐month period to address domestic violence issues.

Disability and Pregnancy Accommodation

The ADA applies to employers with 15+ employees, requiring reasonable accommodations unless they pose an undue hardship. The FCRA also covers pregnancy discrimination, reinforced by the federal Pregnancy Discrimination Act.

How Florida’s Whistleblower Laws Work

Public-sector employees have extensive protections under Fla. Stat. § 112.3187. Private-sector workers may sue under Fla. Stat. § 448.102 if they object to or refuse to participate in unlawful activity or are retaliated against for disclosures.

Statutes of Limitations Snapshot

• FCRA: 365 days to file with FCHR; lawsuit must be filed within one year of the FCHR “reasonable cause” determination or after 180 days if no determination.

• Title VII: 300 days (because Florida is a deferral state) to file with EEOC.

• FLSA: 2 years standard; 3 years for willful violations.

• FMLA: 2 years; 3 years if willful.

• Florida Private-Sector Whistleblower: 2 years from the retaliatory act.

Steps to Take After Workplace Violations

1. Document Everything

Keep contemporaneous notes, screenshots, timecards, and emails. Florida law allows one-party consent to record conversations (Fla. Stat. § 934.03), but check employer policies—you risk discipline for violations outside the criminal statute.

2. Follow Internal Complaint Procedures

Large Orlando employers like Lockheed Martin and AdventHealth maintain written grievance policies. Exhausting these channels shows good faith and can bolster retaliation claims if the employer fails to act.

3. File an Administrative Charge

• Discrimination/Retaliation: File with either the EEOC (Miami District Office services Orlando) or the FCHR. Specify “dual filing” to preserve both federal and state claims.

• Wage & Hour: File a complaint with the U.S. Department of Labor Wage and Hour Division or sue directly in federal or state court.

Where to File in Orlando

• EEOC Miami District Office (Orlando Area Intake): 100 SE 2nd St, Suite 1500, Miami, FL 33131. Phone: 1-800-669-4000.

• FCHR: 4075 Esplanade Way, Room 110, Tallahassee, FL 32399 (file online; phone interviews available).

• Florida DEO Reemployment Assistance Appeals Commission (Orlando Hearing Office): 400 W Robinson St, Suite N-401, Orlando, FL 32801.

4. Observe Filing Deadlines

Missing a deadline can extinguish your claim. Consult an employment lawyer in Orlando, Florida as soon as you suspect unlawful conduct.

When to Seek Legal Help in Florida

You may handle minor employment issues internally, but the following red flags justify calling a lawyer immediately:

• You received a Right-to-Sue letter from the EEOC or FCHR.

• Your employer presented a severance agreement requiring a release of claims.

• You were fired within weeks of filing a workers’ compensation claim or requesting FMLA leave.

• The company is threatening to countersue for trade-secret theft after you reported wage violations.

A licensed Florida attorney can:

• Determine the proper forum (Orange County Circuit Court vs. U.S. District Court, Middle District of Florida).

• Evaluate damages, including back pay, front pay, emotional distress, liquidated damages, and attorney’s fees.

• Negotiate settlements or represent you at trial.

Attorney Licensing Rules

To practice law in Florida, an attorney must be a member in good standing of The Florida Bar, comply with CLE requirements, and adhere to the Rules Regulating The Florida Bar. Out-of-state lawyers need pro hac vice admission to appear in Florida courts.

Local Resources & Next Steps

EEOC – Filing a Charge Florida Commission on Human Relations U.S. Department of Labor Wage & Hour Division – Florida Offices Florida Department of Economic Opportunity

For individualized support, community members can contact:

• Legal Aid Society of the Orange County Bar Association: 407-841-8310.

• United Way 211: Referrals to employment and housing resources.

• City of Orlando Office of Human Relations: Mediation and outreach programs.

Moving Forward

Employment disputes are time-sensitive. Gather documentation, consult counsel, and act promptly to protect your rights under florida employment law.

Disclaimer: This guide provides general information and is not legal advice. For advice regarding your specific situation, consult a licensed Florida employment attorney.

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.