Florida Employment Laws for Employers
Reviewed Sep 24, 2026 1 of 13 rules verified against official sources How we verify
Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use
Final pay and unused vacation
Pending verification. Not verified for Florida yet, so no answer is shown. Each link opens the official source to check.
Wages, paydays and breaks
Paid sick leave
Pending verification:
Ending employment
At-will employment
Yes. Florida follows at-will employment, with these exceptions (Order, No. 0:14-cv-61415 (S.D. Fla.), quoting Wiggins v. Southern Management Corp., 629 So. 2d 1022, 1025 n.4 (Fla. 1993)):
- Public policy: Not recognized (Order, No. 0:14-cv-61415 (S.D. Fla.), quoting Wiggins v. Southern Management Corp., 629 So. 2d 1022, 1025 n.4 (Fla. 1993))
- Implied contract: pending verification (official source)
- Good faith and fair dealing: pending verification (official source)
Public policy exception: recognized?Not recognizedVerified Sep 24, 2026 · 2 official sources
Florida does not recognize a common-law public policy exception to at-will employment (no common-law tort for retaliatory discharge). (Order, No. 0:14-cv-61415 (S.D. Fla.), quoting Wiggins v. Southern Management Corp., 629 So. 2d 1022, 1025 n.4 (Fla. 1993); U.S. Bureau of Labor Statistics, Monthly Labor Review, January 2001, C. J. Muhl, "The employment-at-will doctrine: three major exceptions" (Exhibit 1 status as of Oct. 1, 2000))
“(“Florida does not recognize an exception to the at-will doctrine in the form of a common-law tort for retaliatory discharge from employment.”)”
Florida and its neighbors
| State | Final pay after firing | Final pay after quitting | Minimum wage | Paid sick leave |
|---|---|---|---|---|
| Florida | Pending verification. Official source (state labor office, dol.gov). | Pending verification. Official source (state labor office, dol.gov). | Pending verification. Official source (sa14.fl.gov). | Pending verification. Official source (flsenate.gov). |
| Alabama | Pending verification. Official source (adol.alabama.gov). | Pending verification. Official source (adol.alabama.gov). | Pending verification. Official source (dol.gov). | Pending verification. Official source (adol.alabama.gov). |
| Georgia | Pending verification. Official source (dol.georgia.gov). | Pending verification. Official source (dol.georgia.gov). | $7.25 per hour (federal) | Pending verification. Official source (dol.georgia.gov). |
Verified rules only; open a state for its sources.
What an employee costs in Florida
Every employer pays Social Security 6.2% (Publication 15), Medicare 1.45% (Topic 751) and FUTA (Topic 759). Florida adds its unemployment insurance tax:
| Florida payroll tax, 2026 | Amount |
|---|---|
| Taxable wage base per employee | $7,000 |
| Rates for experience-rated employers | 0.10% to 5.40% |
| New-employer rate | 2.70% |
| FUTA credit reduction | None for 2025 or 2026 |
| Estimated employer taxes on a $40,000 salary | $3,291 (8.2%) |
Of the $3,291, $189 is Florida unemployment insurance tax (2.70% on the first $7,000 of wages) and $3,102 is federal tax.
The estimate counts FUTA at 0.6% of the first $7,000 ($42 per employee), which assumes the full FUTA credit (Topic 759).
Estimate for a new employer and a full year; check with your payroll provider. Sources: U.S. DOL, State UI Laws, July 2026, page 2; U.S. DOL, FUTA credit reductions.
Federal wage enforcement in Florida
In FY2021 to FY2025, the federal Wage and Hour Division concluded 3,843 cases in Florida (n = 3,843), 3,174 with violations, finding $53,106,093 in back wages owed to 40,087 employees and assessing $5,660,024 in civil money penalties (DOL enforcement data). Overtime back wages were part of 46.1% of the violation cases. OSHA opened 13,564 inspections in the same years (OSHA data). Enforcement data is not a violation rate: it shows where federal investigators looked. Wage violations by industry.
Florida has no OSHA-approved State Plan for private workplaces, so federal OSHA enforces workplace safety for private employers in Florida (OSHA: State Plans).
By industry in Florida
| Industry | WHD cases | Back wages | Violation cases with minimum-wage back wages | Most-cited safety standard |
|---|---|---|---|---|
| Restaurants and food service | 919 | $9,571,618 | 24.1% | Hazard communication: chemical labels, safety data sheets and training (29 CFR 1910.1200) |
| Retail | 253 | $2,823,168 | 15.6% | Forklifts and other powered industrial trucks (29 CFR 1910.178) |
| Construction | 668 | $9,764,241 | 8.9% | Fall protection: when it is required (29 CFR 1926.501) |
| Health care (incl. home care) | 311 | $6,344,634 | 10.4% | Respirators and fit testing (29 CFR 1910.134) |
| Home health and home care (subset of health care) | 73 | $1,515,334 | 11.7% | COVID-19 health care emergency standard, since withdrawn except recordkeeping (29 CFR 1910.502) |
| Child care | 42 | $163,388 | 19.4% | n/a |
Federal fiscal years 2021 to 2025; WHD enforcement data. Industries overlap (home health is part of health care). Florida detail and method.
Changelog
- Sep 26, 2026: verified: at-will exceptions (public policy), now backed by two independent official sources. (bls.gov)
Questions about Florida employment laws
Is Florida an at-will state?
Yes. Florida follows at-will employment, with exceptions. Of the 3 common exceptions, we have verified 1, and 0 are recognized in Florida (Order, No. 0:14-cv-61415 (S.D. Fla.), quoting Wiggins v. Southern Management Corp., 629 So. 2d 1022, 1025 n.4 (Fla. 1993)).
Sources (3)
- Order, No. 0:14-cv-61415 (S.D. Fla.), quoting Wiggins v. Southern Management Corp., 629 So. 2d 1022, 1025 n.4 (Fla. 1993)
- U.S. Bureau of Labor Statistics, Monthly Labor Review, January 2001, C. J. Muhl, "The employment-at-will doctrine: three major exceptions" (Exhibit 1 status as of Oct. 1, 2000)
- U.S. Department of Labor: State labor offices
Checked Sep 24, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error