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3 Essential Employment Terms and Conditions Under Florida Law


There are numerous general labor regulations under Florida law, including terms and conditions of employment and minimum wages. These rules and regulations exist to provide an overarching structure for employees and employers in Florida.

The following sections will provide a summary of important considerations for three of the employment terms and conditions under Florida law: (1) Full Workdays and Overtime Pay; (2) Conspiracy Combination or Confederation; and (3) Seating Requirements.

  1. Full Workdays and Overtime Pay

The requirements for full workdays and overtime pay appear under Florida Statute 448.01. When a worker performs 10 hours of labor within a single calendar day, it constitutes a full workday. This 10-hour threshold applies to all types of work, including manual labor.

Additionally, Section 448.01 provides insight into Florida overtime laws. If an employer requires more than 10 hours of labor within a single calendar day, then the worker is entitled to extra pay. Though Florida law does not specify an exact formula for the overtime pay due in these situations.

That being said, Section 448.01 allows workers and employers to execute a written contract that increases or decreases the number of hours in a full workday. Such a contract could have an impact on overtime pay as well.

  1. Conspiracy, Combination and Confederation

The prohibition on employment conspiracy and combination appears under Florida Statute 448.045, Essentially, it is unlawful for two or more people to conspire, combine or confederate with the ultimate goal of employment discrimination. This legal protection applies whether the conspirators attempt to block an applicant’s hire, discharge or achieve a similarly negative employment action.

Section 448.045 also outlines for penalties for employment conspiracy or combination in Florida. A violation of this section constitutes a first-degree misdemeanor in Florida. The potential penalties for a first-degree misdemeanor include 12 months in prison under Florida Statute 775.082 and $1,000 in fines under Florida Statute 775.083.

  1. Seating Requirements

The seating requirements for certain employees in retail stores appear under Florida Statute 448.05. If employees are forced to remain standing on their feet, then the employer must provide reasonable seating accommodations. Provided at the sole expense of the employer, Examples of reasonable seating accommodations include but are not limited to:

  • Chairs;
  • Stools;
  • Benches; and
  • Sliding seats.

Section 448.05 also outlines the penalties for violating Florida’s seating requirements. Any employer who refuses to provide this accommodation — or allow employees to take advantage of provided seating — is guilty of a second-degree misdemeanor. The potential penalties for a second-degree misdemeanor include 60 days in prison under Section 775.082 and $500 in fines under Section 775.083.

Contact Us Today for Help

If you have legal questions about employment requirements in Florida, it can be immensely useful to speak with an experienced labor and employment attorney. The attorneys at Penichet Law in Miami, Florida, have wide-ranging qualifications in matters of labor and employment law. If you need legal help in this arena, contact us today for a consultation.