Understand discrimination, harassment, wages, safety, FMLA leave, retaliation, wrongful termination, and worker classification under US employment law.
Work is more than the place you clock in. It pays your bills, supports your family, and shapes your future. When trouble shows up at work, it can shake everything. Maybe your boss makes repeated comments that cross the line. Maybe your paycheck is missing hours you worked. Or maybe you were denied time off to care for a loved one. These are not small things. They affect your life and your peace of mind.
Florida workers often wonder if situations like this are just unfair or if they are actually against the law. That is where employment law comes in. It protects people from discrimination and harassment. It sets rules for wages and overtime. It allows leave for family and medical needs. And it demands safe working conditions.
The problem is that these rules are complicated. Deadlines can be short. And employers do not always explain your rights.
This guide breaks down the most common employment law issues in Florida and across the United States. It will give you practical steps and a sense of when to reach out for legal help.
Workplace Discrimination Law in the United States
Federal law bars discrimination based on race, color, religion, sex, and national origin under Title VII. Federal protections also cover disability and age forty and over. Sex discrimination includes sexual orientation and gender identity under the Supreme Court’s Bostock decision. Some recent EEOC guidance on gender identity and harassment was partially vacated by a federal court, but Bostock remains controlling Supreme Court law.
Harassment is discrimination when unwelcome conduct tied to a protected trait is severe or pervasive enough to create a hostile work environment, or when enduring it becomes a condition of employment. Think slurs, threats, repeated offensive jokes, or quid pro quo demands. The exact line depends on the totality of the circumstances.
Deadlines come fast. Many discrimination claims start with an EEOC charge within 180 days. In places with a state or local fair employment agency, you may have 300 days. Acting on time preserves your rights.
Helpful evidence to save
- Emails, texts, and chat logs
- Performance reviews and write-ups
- A dated timeline naming who said or did what and who witnessed it
Sexual Harassment and Hostile Work Environment
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical misconduct of a sexual nature. It can also be nonsexual behavior that targets sex or gender. Hostile environment claims look at severity or frequency. Quid pro quo arises when a job benefit or decision is conditioned on submission. Report through the employer’s policy if it is safe to do so, and keep copies of everything you submit. EEOC+1
Practical steps
- Use the reporting channel in your handbook and keep a copy
- Note dates, times, locations, and names
- If the behavior continues, escalate promptly and document responses
Wage and Hour Violations under the FLSA
The Fair Labor Standards Act sets a federal floor for wages and hours. Unless an exemption applies, employees must receive overtime of one and one-half their regular rate after forty hours in a workweek. States and cities can set higher standards. Off the clock, work counts. Salary alone does not make you exempt. The test focuses on job duties and thresholds.
Tipped work has special rules. A compulsory service charge, such as a fifteen percent fee added to the bill, is not a tip under federal regulations. Money from service charges is treated as wages and counts in the regular rate for overtime, while tips are amounts freely given by the customer. Tip credits, pools, and recordkeeping must follow strict rules.
Red flags for wage claims
- Time shaved from your punch records
- Instructions to finish work after you clock out
- Mandatory training or meetings that are unpaid
- Tip pools that include managers or non-tipped staff
OSHA Workplace Safety Rights
Every worker has the right to a workplace free from recognized hazards, to report hazards, and to do so without retaliation. OSHA enforces those rights and publishes clear guidance. If you are punished for raising safety concerns, many whistleblower complaints must be filed within 30 days of the retaliation, so timing matters.
In rare cases, refusing dangerous work can be protected. The conditions must present a clear risk of death or serious harm, there must be no time for an OSHA inspection, and you should raise the danger with your employer when possible. Document the hazard and your report.
What to collect after a safety incident
- Photos or video if allowed
- Incident and injury reports
- Names of witnesses and supervisors notified
Family and Medical Leave FMLA Rights
The FMLA provides up to twelve workweeks of unpaid, job-protected leave for eligible employees of covered employers. Eligibility generally requires at least twelve months of employment, at least 1,250 hours worked in the prior twelve months, and a worksite with fifty or more employees within seventy-five miles. Group health coverage usually continues during leave, and interference or retaliation can violate the law. Intermittent leave may be available when medically necessary.
Tips for a smoother FMLA process
- Ask HR for the certification form and deadlines
- Keep copies of medical certifications and HR emails
- Track your leave usage and accruals in a simple spreadsheet
Whistleblower Retaliation and Protected Activity
Reporting safety hazards, wage violations, fraud on the government, or securities law issues can be protected activity under federal whistleblower laws. OSHA enforces more than twenty of these statutes. Many OSHA retaliation complaints must be filed within 30 days of the retaliatory act, measured from when the decision is made and communicated. Keep a timeline of what you reported, to whom, and what happened next.
Wrongful Termination in At-Will Employment
At-will employment permits separation for any lawful reason. It does not allow separation for an illegal reason. Firing someone because of a protected trait, because they reported discrimination or safety hazards, or because they took protected leave can be unlawful. Written contracts, offer letters, union agreements, and handbooks can add to the analysis.
Severance agreements often include a release of claims and restrictions like non-disparagement. Do not sign until you understand the scope, the value, and whether potential claims give you leverage to negotiate terms.
Employee Misclassification: Independent Contractor versus Employee
Labels do not control legal status. In 2024, the Department of Labor adopted a six-factor economic realities test under the FLSA that looks at control, opportunity for profit or loss, investments, permanence, whether the work is integral to the business, and the worker’s skill and initiative. It is a totality of the circumstances analysis.
Some states use a stricter ABC test. For example, California and Massachusetts presume employee status unless the company proves all three prongs: freedom from control, work outside the usual course of the business, and an independently established trade. Failing any prong means the worker is an employee under those state standards.
Common misclassification signs
- Paid on a 1099, but set schedules and close supervision
- Work identical to payroll employees
- Limits on working for others or setting your own rates
What To Do If Your Employment Rights Were Violated
Start organized and steady. Write a dated timeline that lists who did what, when, and who saw it. Save emails, texts, handbooks, schedules, and pay stubs in a personal account. Use internal reporting in good faith and keep copies. If you have a medical issue, see your doctor and follow care instructions. Watch deadlines for EEOC, OSHA, and wage claims because many windows are short. A focused legal consult early can change your strategy and preserve your options.
Frequently Asked Questions about Employment Law Issues
- Does a salary mean no overtime?
No. Exempt status depends on your actual duties and pay thresholds, not the word salary. Many salaried employees are still entitled to overtime after forty hours.
- Are service charges the same as tips?
No. A compulsory service charge is not a tip. Amounts from service charges are wages and count in the regular rate for overtime.
Can my employer contact my doctor during FMLA?
Your employer can request medical certification through HR, but does not get open access to your medical records. See the Department of Labor’s FMLA fact sheets for what can be requested and how the process works.
How long do I have to file with the EEOC?
Often 180 days, extended to 300 days if a state or local agency enforces a similar law. Age cases can have slightly different rules.
Protecting Your Employment Rights in Florida
If you are dealing with workplace discrimination, unpaid wages, harassment, unsafe working conditions, retaliation, or questions about termination, it is easy to feel overwhelmed. Florida employees and employers alike often face confusion about what the law really requires and how fast deadlines can close off options.
An experienced Florida employment lawyer can review your situation, explain your rights under federal and state law, and help you decide the next step. Sometimes that means gathering more documentation, other times it means negotiating with an employer, and in certain cases it may mean filing a claim before time runs out.
You do not have to handle this alone. The laws are complex, but with the right guidance, you can safeguard your income, career, and peace of mind.
If you believe your workplace rights have been violated, contact our Florida law team today. We are ready to listen, review your documents, and provide you with clear legal guidance.
