Florida Employment Law
Questions and Answers For Employers
Hiring Employees
| Q |
Our company manufactures church furniture. We have over 100 employees, can we ask prospective sales staff if they are Christians? We feel Christians could relate better to our prospective customers...church boards, preachers, priests, etc. |
|
No, you cannot ask, nor can you
ask if they attend a house of worship, the name of their pastor, or what religious
holidays they observe. |
| Q |
I want people who can be bonded. This is required by a federal contract our firm just received. Can I ask applicants if they have ever been arrested? |
|
No, but you can ask if they have
ever been convicted of a crime. |
Paying Employees
| Q |
Can an employer fire an employee who does not agree to electronic transfer of funds from the company to an employee's bank account? |
|
No. Section 532.04, F.S.,
specifically prohibits an employer from firing employee who does not agree to participate
in electronic transfers. Many people (particularly from other countries) have good reason
to suspect and mistrust banks and do not want a bank account. |
| Q |
Under the law, can I be paid in cash? |
|
Yes, or you could barter your
labor for a computer or a goat, for that matter. But a word of caution: the Internal
Revenue Service expects you to pay income tax on income and to make your Social Security
(FICA) contribution. The IRS agent with whom I talked to obtain your answer seemed
competent and nice, but I would not want her on my case. |
| Q |
My employer owns a bait shop employing three people and says he can't afford to pay minimum wage. Can he do this? |
|
The federal minimum wage of $5.15
per hour is set by the Fair Labor Standards Act (FLSA). In order to come under FLSA, an
employer must gross $500,000 a year and be involved in interstate commerce. Apparently
your employer is not grossing half a million a year, or $1,370 every day of the year.
Check with the nearest office of the U.S. Department of Labor to see if your employer is
exempt. |
| Q |
I own a small business, and one of my employees has been called for jury duty. Do I have to pay wages while the employee serves? |
|
Not under State of Florida law,
but call the Clerk of the Court in your county and ask if any county ordinances require
partial pay. MIAMI-DADE COUNTY -
Sections 11-31, et seq., of the Code of Metropolitan Dade County provides that employers are
to pay employees for jury service if: |
Human Resource Policies
| Q |
Our business of 30 years has changed with the times. Knowing what we know now about health risks, we would like to prohibit smoking by employees during work. Can we do this? |
|
Sure. Some businesses with
sensitive equipment (phone companies, computers) have prohibited smoking for years. Inform
employees of your genuine concern. Like some businesses, you may wish to consider paying
for a smoking withdrawal program. As usual, in personnel management the carrot is more
effective than the stick. |
| Q |
One of my employees said I have to provide a "reasonable accommodation" (a separate room) for employees to smoke in if it is raining outside. True or false? |
|
False, but commend the employee on creative thinking |
| Q |
Several of my employees converse with each other in a foreign language which most employees do not understand. This is rude and makes for hard feelings. Can I prohibit employees from speaking in a foreign language in our factory? |
|
Yes, but let me make a
suggestion. Why don't you take a few minutes and let the employees discuss the problem? It
might well be that the non-English speakers do not know this is offensive to other
employees. In short, perhaps they can solve this problem if you empower them to do so. |
| Q |
It is more economical for me to
require employees to work overtime than to hire a new employee and pay
benefits, but one of my employees says it is against the law to require someone
to work overtime. Can I require someone to work overtime? |
|
Yes. Your employee is simply
misinformed. The only exception would be in employment of minors, as strict laws apply as
to the number of hours a minor may work. |
| Q |
How many days of vacation and holiday leave must I give my employees under Florida law? Does federal law differ? |
|
There are no Florida or federal
laws that require a business to give vacation or holiday leave. Progressive employers do
provide these benefits as part of their labor costs. Such leave contributes to employee
morale and makes for better workers. |
Terminating Employees
| Q |
An employee is fired by employer. Must the employer pay severance pay at the time she or he fires the employee? |
|
No. The employer has until the
next regularly scheduled payday to pay. Florida has many branch offices and outlets of
out-of -state corporations. It would be impossible for many companies to issue a check in
a day. This is true also of many Florida-based companies. |
The above information relates to Florida and Federal law only. However, labor regulations and their interpretations frequently change and individual circumstances can impact answers. Be sure to contact a capable employment attorney before taking any action. Also note that some localities have additional regulations which must be considered. Any organization having a collective bargaining agreement or utilizing employment contracts should also consult the relevant documents.
Also, consider that as an employer, you will generally not be able to hire, motivate and retain competent employees without offering benefits and paying wages beyond the bare minimum required under law. If you need assistance in establishing reasonable employment policies, contact us.
Source: Florida Department of Labor and Employment Security.
September 7, 2000. http://www.fdles.state.fl.us/faq/default.htm
© Copyright 2000 Raymond S. Kulzick. All rights reserved. 000907.
This publication provides business, financial planning, and/or tax information to our clients. All material is for general information only and should not be acted upon without seeking appropriate professional assistance.