Florida has enacted significant updates to its employment laws through House Bill 433 and House Bill 49. These laws took effect July 1, 2024.
- Minimum Wage Adjustments: This new law includes adjustments to Florida's minimum wage, conforming them with federal standards and providing clarity on exemptions and special provisions. Specifically, the new law prohibits any local government in Florida from: Maintaining a minimum wage other than a state or federal minimum wage; Seeking to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government through its purchasing or contracting procedures; Using evaluation factors, qualification of bidders, or otherwise award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government.
- Heat Safety Protocols: Florida falls under federal OSHA regulations, which covers most private-sector workers in Florida. The new law bans local governments from requiring private employers to offer heat safety protections to employees beyond what is required by OSHA. To be in compliance with OSHA, and provide a safe workplace, employers should take the following steps: Perform a hazard analysis of all positions that may involve exposure to extreme heat; Prepare a heat illness prevention program, outlining a plan to reduce heat illnesses and injuries; Ensure employees have access to cold water throughout their shifts, provide cooling fans, and allow access to shaded areas on the worksite; Designate an on-site employee to monitor working conditions on hot days; Train employees on how to avoid heat illnesses; and Ensure employees showing heat illness symptoms can obtain immediate medical attention.
- Removes Child Labor Restrictions: The new law removes the following restrictions on work hours for minors 16 and 17 years of age: Working for more than 8 hours in any one day when school is scheduled the following day; When school is in session, working more than 30 hours in any one week.
- Revises Child Labor Restrictions: The new law also revises the following restrictions on work hours for minors 16 and 17 years old by: Prohibiting work before 6AM when school is scheduled; Allowing such minors to be employed during school hours if they are enrolled in a home education program, enrolled in an approved virtual instruction program, or the student no longer attends school.
The new law reduces the age from 17 to 15 years of age, which will continue to prohibit minors 15 years old or younger from working more than 6 consecutive days in any one week, and 4 hours continuously without a 30 minute meal break. Also, the new law clarifies that minors 16 and 17 years old may work the same number of hours as an adult but must be granted breaks and meal periods in the same manner as permitted for adults.
With a flurry of these new laws enacted this month, here’s your takeaways:
- Ensure that you are paying all employees the legally required minimum wage of $13.00 per hour, and then after September 30, 2024 increase to $14.00 per hour.
- Ensure that all employees are being monitored out on the field for any signs of heat-related illnesses, and clearly communicate to your employees who work outside in the Florida sun how often they should take breaks, and where the cooling stations are on-site. Loren & Kean Law can assist you with the creation and implementation of your Heat Safety Protocol.
- If you employ anyone under the age of 18, ensure that they are not being scheduled to work more than 8 hours per day and 30 hours per week—it is best practice to schedule them for no longer than 6 hour shifts with a 30 minute break every four hours.
Keeping up with the ever-changing employment rules and regulations is vital to ensuring your company can avoid fines and other penalties. To ensure that your procedures and protocols are current, feel free to contact Loren & Kean Law for guidance.
Bruce Loren and Frank Sardinha, III of the Loren & Kean Law Firm are based in Palm Beach Gardens and Fort Lauderdale. Loren & Kean Law is a boutique law firm concentrating in construction law, employment law, and complex commercial litigation. Mr. Sardinha focuses his practice in high-stakes business disputes and employment law. Mr. Loren has achieved the title of “Certified in Construction Law” by the Florida Bar, exemplifying the Bar’s recognition of this expertise. The firm’s construction clients include owners/developers, general contractors, specialty contractors in every trade, suppliers, and design professionals. Mr. Loren and Mr. Sardinha can be reached at bloren@lorenkeanlaw.com or fsardinha@lorenkeanlaw.com or 561-615-5701.
