Starting a New Business in Florida: Here’s a Labor and Employment Checklist to Get You Started

When starting a new business, it may be easy to focus on the “business side” and overlook important considerations regarding what might become an important asset of your business —your employees. It’s important to be cognizant of labor and employment laws that impact everything from the hiring process to establishing workplace policies that comply with both federal labor and employment laws and specific regulations in Florida. Here’s a structured checklist to guide startups through the essential areas:

Hiring Process

1. Job Descriptions
   • Ensure job descriptions are accurate and updated.
   • Include essential functions, qualifications, and expectations.
2. Employment Applications
   • Use applications that comply with anti-discrimination laws (e.g., no questions about age, marital status).
   • Include necessary disclosures and consent forms (e.g., background checks).
3. Interview Process
   • Conduct interviews in a structured manner, focusing on job-related criteria.
   • Avoid questions that could be perceived as discriminatory (e.g., religion, disability).

Employment Policies and Documentation

1. Employee Handbook
   • Make sure you work with experienced labor and employment counsel to develop a comprehensive handbook outlining company policies in a way that does not violate employee rights guaranteed by laws such as the NLRA, FMLA and OSHA.
   • Include policies on anti-discrimination, harassment, attendance, etc.
   • Set up a method to show employees are aware of the existence of your policies.
2. Offer Letters and Employment Contracts
   • Ensure clarity on employment terms (e.g., at-will employment, compensation).
   • Include any specific terms related to equity or intellectual property rights.
3. Compliance Posters
   • Display federal and Florida labor law posters in a conspicuous location.

Wage and Hour Compliance

1. Classification of Employees
   • Classify workers correctly as employees or independent contractors.
   • Ensure exempt and non-exempt employees are correctly classified under FLSA.
2. Minimum Wage Requirements
   • Ensure compliance with federal and Florida minimum wage rates. (The Florida minimum wage is scheduled to increase by $1.00 every September 30th until reaching $15.00 on September 30, 2026.)
   • Pay overtime (time and a half) for non-exempt employees for hours worked over 40 in a workweek.
3. Record Keeping
   • Maintain accurate records of hours worked, wages paid, and deductions.
   • Maintain medical records, including any FMLA-related medical records of the employee or their family, separate from the employee’s general personnel file to avoid potential ADA violations.

Workplace Safety and Health

1. OSHA Compliance
   • Follow OSHA regulations for workplace safety and health standards.
   • Provide necessary training and maintain a safe working environment.
   • Depending on the industry you may need to display certain specific additional posters as required by OSHA.

Discrimination and Harassment Prevention

1. Equal Employment Opportunity
   • Prohibit discrimination based on protected characteristics (race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information).
   • Implement policies and procedures for handling discrimination complaints.
2. Anti-Harassment Policies
   • Develop and enforce policies against harassment (sexual, racial, etc.).
   • Provide training to employees and supervisors on prevention and reporting.

Leave and Benefits

1. Family and Medical Leave Act (FMLA)
   • Generally, if you are an employer that has 50 or more employees, you are considered a covered employer that must offer FMLA.
   • Comply with FMLA requirements for eligible employees.
   • Provide unpaid leave for qualified medical and family reasons.
2. Health Insurance
   • Consider offering health insurance benefits compliant with Affordable Care Act (ACA) requirements.

Termination and Post-Employment

1. Termination Procedures
   • Follow established procedures for terminating employees.
   • Provide final wages within the required timeframe.
2. Post-Employment Obligations
   • Comply with COBRA requirements for continuation of health benefits.
   • Enforce non-compete agreements or confidentiality agreements if applicable under Florida law.

Additional Considerations

1. Worker’s Compensation Insurance
   • Obtain worker’s compensation insurance as required by Florida law.
2. Employee Privacy
   • Respect employee privacy rights related to personal data and electronic communications.
3. Emerging Issues
   • Stay informed about changes in labor laws, especially in response to new legislation or court decisions.

By following this checklist, startups can establish a solid foundation for compliance with federal and Florida labor and employment laws. Seeking guidance from legal counsel or HR professionals familiar with state-specific regulations can further ensure adherence and mitigate legal risks.

If you have any questions or would like more information on the issues discussed above, please contact us.

Please Note: This is not legal advice and you should not act on it. At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.