FL Labor & Employment Specialist cheat sheet
FL Labor & Employment Specialist · Keep the key ideas within reach.
Labor and Employment Law (General Certification Content)
Florida is a right-to-work state under Fla. Const. art. I, § 6: union membership or dues payment cannot be required as a condition of employment, and this applies to private employers.
Florida's private-sector minimum wage is set by constitutional amendment (Fla. Const. art. X, § 24) and adjusted annually; tipped employees may be paid a lower direct wage only if tips bring total pay to the full minimum wage.
The Florida Civil Rights Act (Fla. Stat. ch. 760) prohibits employment discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status; it generally covers employers with 15 or more employees.
FCRA administrative exhaustion: a complainant must file with the Florida Commission on Human Relations within 365 days of the discriminatory act before filing a civil suit; the federal Title VII deadline is 300 days in Florida as a deferral state.
Florida Workers' Compensation (Fla. Stat. ch. 440) is generally the exclusive remedy for workplace injuries; employers must post notice of coverage and of the employee's right to reject coverage for non-construction work.
Florida's whistleblower statute (Fla. Stat. § 448.102) protects private employees who disclose or object to employer activity that violates a law, rule, or regulation; retaliation claims require a prior written notice to the employer.
Under the Florida Minimum Wage Amendment, an employer may not retaliate against an employee who asserts minimum-wage rights; remedies include back wages, an equal amount as liquidated damages, and attorney's fees.
Florida's Drug-Free Workplace Act (Fla. Stat. § 440.102) sets notice, testing, and confidentiality requirements; voluntary compliance can reduce workers' compensation premium and limit certain liability.
The Florida Commission on Human Relations (FCHR) enforces the FCRA and investigates complaints; it may issue a determination of cause or no cause, which is a prerequisite for a civil action.
Labor and Employment Law (General Certification Content)
At-will employment in Florida can be terminated by either party at any time for any lawful reason; exceptions include an express contract, an implied contract, statutory protections, and public-policy retaliation claims.
The Fair Labor Standards Act requires overtime at 1.5 times the regular rate for hours over 40 in a workweek; the regular rate includes nondiscretionary bonuses and shift differentials but excludes most discretionary bonuses.
The FLSA exempts employees who meet the salary basis test (currently $684 per week under federal rules) and the duties tests for executive, administrative, and professional categories.
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin; in Florida, charges must be filed with the EEOC within 300 days of the alleged act.
The Age Discrimination in Employment Act protects employees aged 40 and older; Florida's FCRA age protection overlaps, and the ADEA applies to employers with 20 or more employees.
The Americans with Disabilities Act requires reasonable accommodation and prohibits discrimination against qualified individuals with disabilities; the interactive process begins when the employer learns of the need for accommodation.
The Family and Medical Leave Act provides up to 12 weeks of unpaid leave in a 12-month period for eligible employees of covered employers (50 or more employees within 75 miles) who have worked 12 months and 1,250 hours.
The National Labor Relations Act protects concerted activity, including discussions of wages and working conditions, for both union and non-union employees; Section 7 rights apply in Florida private workplaces.
Florida's unemployment compensation law (Fla. Stat. ch. 443) sets eligibility, disqualification, and benefit-charging rules; a claimant must be able to work, available for work, and actively seeking work.
Labor and Employment Law (General Certification Content)
Florida's Workers' Compensation Law (Fla. Stat. ch. 440) provides no-fault benefits for workplace injuries; the exclusive remedy bar limits tort suits against the employer except for intentional torts.
Workers' compensation benefits include medical care, indemnity (temporary total, temporary partial, permanent impairment), and death benefits; the statute sets maximum and minimum compensation rates annually.
Florida's Drug-Free Workplace Act requires a written policy, employee notice, and confirmation testing; positive test results must be confirmed by a second, different test before adverse action.
The Florida Civil Rights Act covers employers with 15 or more employees; the Florida Commission on Human Relations may award back pay, reinstatement, and damages, and civil suits may follow an administrative determination.
Florida's minimum wage amendment applies to all employees except those covered by specified exemptions; employers must post the current rate and keep payroll records for at least three years.
Florida's E-Verify requirement (Fla. Stat. § 448.095) applies to private employers with 25 or more employees; employers must verify new hires' employment eligibility and retain documentation.
Florida's preemption of local employment ordinances limits local governments from imposing wage, benefit, or scheduling rules beyond state law; the state minimum wage and leave rules control.
Florida's child labor rules (Fla. Stat. ch. 450) restrict hours and occupations for minors; 16- and 17-year-olds may work limited hours on school days and are barred from hazardous occupations.
Florida's wage payment law (Fla. Stat. ch. 532) governs payment frequency, deductions, and final wages; employers may not withhold wages without lawful authorization.
Labor and Employment Law (General Certification Content)
Florida's unemployment compensation program is administered by the Department of Economic Opportunity (now FloridaCommerce); employers fund benefits through quarterly payroll taxes on taxable wages.
An employee who quits voluntarily without good cause attributable to the employer is generally disqualified from unemployment benefits; misconduct connected with work also disqualifies.
Florida's reemployment assistance claims require a waiting week and weekly reporting; claimants must register with Employ Florida and accept suitable work offers or face disqualification.
The Florida Civil Rights Act requires employers to post notice of rights and to retain employment records; the FCHR investigates complaints and may issue a determination within 180 days.
Florida's minimum wage is enforced by the Attorney General and private civil actions; the current rate is adjusted each September 30 based on the Consumer Price Index.
Florida's workers' compensation law requires employers to secure coverage through insurance or self-insurance; failure to secure coverage exposes the employer to tort liability and penalties.
Florida's whistleblower protection requires the employee to give written notice to the employer before filing suit; the notice must identify the activity believed to violate a law, rule, or regulation.
Florida's Employment First Act and disability employment incentives encourage hiring individuals with disabilities; the Florida Unique Abilities Partner Program recognizes employers that hire and retain them.
Florida's background screening rules (Fla. Stat. ch. 435) apply to certain employers and require level 2 screening for positions with vulnerable persons; employers must follow notice and disqualification procedures.
Labor and Employment Law (General Certification Content)
The Florida Commission on Human Relations (FCHR) is the state agency enforcing the FCRA; complaints must be filed within 365 days, and the FCHR has 180 days to investigate before a right-to-sue notice may issue.
The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws; in Florida, a charge must be filed within 300 days of the discriminatory act because the state has a worksharing agreement.
The Florida Department of Economic Opportunity (FloridaCommerce) administers reemployment assistance and enforces the state minimum wage and wage payment laws.
The U.S. Department of Labor's Wage and Hour Division enforces the FLSA, FMLA, and related federal wage laws; Florida employers must comply with both federal and state standards.
The National Labor Relations Board (NLRB) enforces the NLRA, including Section 7 rights and unfair labor practice provisions, in Florida private-sector workplaces.
The Occupational Safety and Health Administration (OSHA) enforces workplace safety standards; Florida does not operate a state OSHA plan, so federal OSHA has jurisdiction over private employers.
The Florida Division of Workers' Compensation within the Department of Financial Services oversees compliance, coverage, and dispute resolution for workplace injuries.
The Florida Attorney General's Office enforces the state minimum wage amendment and may investigate retaliation and wage violations.
Labor and Employment Law (General Certification Content)
FCRA complaint procedure: file with the FCHR within 365 days; the FCHR investigates and may issue a determination of cause or no cause; a civil action may follow within 90 days of a right-to-sue notice.
Title VII charge procedure: file with the EEOC within 300 days in Florida; the EEOC investigates and may issue a right-to-sue notice; the claimant then has 90 days to file suit.
Workers' compensation claim procedure: report the injury to the employer within 30 days; file a petition for benefits with the Office of the Judges of Compensation Claims within the statutory period (generally two years for indemnity).
Unemployment compensation procedure: file a claim with FloridaCommerce, report weekly, and appeal an adverse determination within 20 days to the Reemployment Assistance Appeals Commission.
Whistleblower procedure under Fla. Stat. § 448.102: give written notice to the employer, allow a reasonable opportunity to cure, then file a civil action within the statute of limitations.
Minimum wage enforcement: an employee may file a complaint with the Attorney General or bring a civil action for unpaid wages, liquidated damages, and attorney's fees.
NLRA unfair labor practice procedure: file a charge with the NLRB within six months of the alleged violation; the Regional Director investigates and may issue a complaint before an Administrative Law Judge.
FMLA enforcement: an employee may file a complaint with the DOL Wage and Hour Division or bring a civil action within two years (three years for willful violations) of the violation.
Labor and Employment Law (General Certification Content)
Recordkeeping: FLSA requires payroll records for at least three years and time records for two years; Florida minimum wage rules require payroll records for at least three years.
Posting requirements: employers must post the FCRA notice, the Florida minimum wage notice, workers' compensation coverage notice, and OSHA notices where applicable.
Florida's E-Verify rule requires employers with 25 or more employees to verify new hires and retain documentation for the duration of employment plus one year.
Workers' compensation coverage must be secured before the first employee begins work; failure to secure coverage can result in stop-work orders and civil penalties.
FCRA record retention: employers should retain employment records for at least one year after the act complained of, and longer if a charge is filed, to support defense.
Florida's drug-free workplace program requires written notice, employee acknowledgment, and confidentiality of test results; records must be kept separate from personnel files.
Employers must provide reasonable accommodation under the ADA and FCRA; the interactive process should be documented, including the employee's request and the employer's response.
Florida's wage payment rules require payment at least twice monthly for manual laborers and semimonthly for other employees unless a different schedule is established by contract.
Labor and Employment Law (General Certification Content)
Disparate treatment requires proof of intentional discrimination; the McDonnell Douglas burden-shifting framework applies when direct evidence is absent.
Disparate impact requires proof that a neutral policy disproportionately affects a protected group; the employer must show the policy is job-related and consistent with business necessity.
Hostile work environment requires unwelcome conduct based on a protected characteristic that is severe or pervasive and alters the terms or conditions of employment.
Retaliation requires proof of protected activity, an adverse action, and a causal connection; temporal proximity between the complaint and the action can support causation.
The Faragher-Ellerth defense limits employer liability for harassment by a supervisor when no tangible employment action occurred, if the employer exercised reasonable care and the employee unreasonably failed to use complaint procedures.
Workers' compensation retaliation requires proof that the employee filed a claim and was subsequently subjected to an adverse action; Florida law prohibits retaliatory discharge for claiming benefits.
Whistleblower retaliation under Fla. Stat. § 448.102 requires a written notice to the employer and proof of a violation of a law, rule, or regulation.
The Florida Civil Rights Act allows compensatory and punitive damages subject to statutory caps based on employer size, similar to Title VII caps.
Labor and Employment Law (General Certification Content)
Title VII caps on compensatory and punitive damages: $50,000 for employers with 15-100 employees; $100,000 for 101-200; $200,000 for 201-500; $300,000 for more than 500.
The FCRA adopts Title VII damage caps and remedies; back pay is not subject to the caps and is available as equitable relief.
The Florida minimum wage amendment provides liquidated damages equal to unpaid wages plus attorney's fees and costs for retaliation.
Workers' compensation indemnity benefits are subject to statutory maximum and minimum rates adjusted annually; temporary total disability is generally 66 2/3% of the average weekly wage.
Unemployment compensation benefits are based on wages earned in the base period; the maximum weekly benefit amount is set annually by FloridaCommerce.
The ADEA does not permit compensatory or punitive damages; remedies are limited to back pay, front pay, and liquidated damages for willful violations.
Punitive damages under the FCRA require proof of intentional discrimination or reckless indifference to federally protected rights.
Attorney's fees are available to prevailing plaintiffs under Title VII, the FCRA, the FLSA, and the Florida minimum wage amendment.
Labor and Employment Law (General Certification Content)
The Florida Civil Rights Act applies to employers with 15 or more employees; the ADEA applies to employers with 20 or more; Title VII applies to employers with 15 or more.
The FMLA applies to employers with 50 or more employees within 75 miles; the employee must have worked 12 months and 1,250 hours in the prior 12 months.
The FLSA applies to enterprises with at least $500,000 in annual gross volume or employees engaged in interstate commerce; individual coverage can apply regardless of enterprise size.
The NLRA applies to most private-sector employers, excluding certain industries such as agriculture and domestic service; it does not cover public-sector employees in Florida.
Florida's workers' compensation law applies to employers with four or more employees in non-construction industries and one or more in construction.
Florida's E-Verify requirement applies to private employers with 25 or more employees.
The Florida minimum wage amendment applies to all employers regardless of size, with limited exemptions for certain categories such as tipped employees and student workers.
Florida's reemployment assistance law covers most employers who pay wages of $1,500 or more in a calendar quarter or employ at least one worker for 20 weeks.
Labor and Employment Law (General Certification Content)
The Florida Civil Rights Act prohibits discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.
Title VII prohibits discrimination based on race, color, religion, sex, and national origin; sex includes pregnancy under the Pregnancy Discrimination Act.
The ADEA prohibits age discrimination against individuals 40 and older; the FCRA also protects age but does not specify a minimum age in all contexts.
The ADA prohibits discrimination against qualified individuals with disabilities and requires reasonable accommodation; the FCRA uses the term handicap and has similar requirements.
The Equal Pay Act requires equal pay for substantially equal work regardless of sex; Florida does not have a separate state equal pay law, so federal law governs.
The FCRA prohibits retaliation against employees who oppose discriminatory practices or participate in proceedings.
The Florida minimum wage amendment prohibits retaliation against employees who assert minimum wage rights.
The NLRA protects employees' rights to engage in concerted activity, including discussing wages and working conditions.
Labor and Employment Law (General Certification Content)
The Florida Civil Rights Act requires employers to post a notice of rights in a conspicuous location; the notice must include the FCHR contact information and filing deadlines.
Workers' compensation coverage notice must be posted at the workplace; the notice must identify the insurer and explain the employee's right to reject coverage for non-construction work.
The Florida minimum wage notice must be posted where employees can see it; it must state the current minimum wage and the tip credit rules.
OSHA requires employers to post the OSHA poster and to report certain injuries and fatalities within specified timeframes.
The FMLA requires employers to post a notice explaining FMLA rights and to provide eligibility notices to employees.
The NLRA requires employers to post a notice of employee rights under the NLRA; the NLRB rule on posting has been subject to litigation.
The Florida E-Verify requirement requires employers to retain documentation and to post notice of compliance where required.
The Florida Drug-Free Workplace Act requires employers to provide written notice of the policy and to obtain employee acknowledgment.
Labor and Employment Law (General Certification Content)
The Florida Civil Rights Act allows a complainant to file a civil action after exhausting administrative remedies with the FCHR, generally within 90 days of a right-to-sue notice.
Title VII requires exhaustion of EEOC remedies before filing suit; the right-to-sue notice triggers a 90-day filing deadline.
The Florida Whistleblower Act requires written notice to the employer before filing suit; the employee must give the employer a reasonable opportunity to cure.
Workers' compensation claims are adjudicated by the Office of the Judges of Compensation Claims; appeals go to the First District Court of Appeal.
Unemployment compensation appeals go to the Reemployment Assistance Appeals Commission and then to the district courts of appeal.
The Florida minimum wage amendment allows a civil action for unpaid wages, liquidated damages, and attorney's fees; the statute of limitations is generally two years.
The FLSA allows a civil action for unpaid wages and overtime; the statute of limitations is two years, or three years for willful violations.
The NLRA unfair labor practice process involves a charge, investigation, complaint, and hearing before an Administrative Law Judge, with appeal to the NLRB.
Labor and Employment Law (General Certification Content)
The Florida Civil Rights Act covers employers with 15 or more employees; the count includes part-time and full-time employees on the payroll.
The FMLA coverage threshold is 50 or more employees within 75 miles of the worksite; the count is based on the employer's payroll.
The FLSA enterprise coverage threshold is $500,000 in annual gross volume; individual coverage applies to employees engaged in interstate commerce.
The Florida workers' compensation law applies to employers with four or more employees in non-construction and one or more in construction.
The Florida E-Verify requirement applies to private employers with 25 or more employees.
The Florida reemployment assistance law covers employers with wages of $1,500 or more in a calendar quarter or at least one employee for 20 weeks.
The ADEA applies to employers with 20 or more employees; the FCRA age provision applies to employers with 15 or more.
The NLRA applies to private-sector employers regardless of size, with limited exemptions for certain industries.
Labor and Employment Law (General Certification Content)
Florida's minimum wage is adjusted annually on September 30 based on the Consumer Price Index for Urban Wage Earners and Clerical Workers.
The tip credit allows employers to pay tipped employees a lower direct wage if the employee's tips plus direct wage equal at least the minimum wage.
The FLSA regular rate includes nondiscretionary bonuses, shift differentials, and commissions; it excludes discretionary bonuses and expense reimbursements.
Overtime must be paid at 1.5 times the regular rate for hours over 40 in a workweek; the workweek is a fixed and regularly recurring period of 168 hours.
The FLSA salary basis test requires a predetermined and fixed salary not subject to reduction based on quality or quantity of work.
The duties test for the executive exemption requires primary duties involving management of the enterprise or a department and direction of two or more employees.
The administrative exemption requires office or non-manual work directly related to management policies or general business operations and the exercise of discretion and independent judgment.
The professional exemption requires advanced knowledge in a field of science or learning acquired by prolonged course of specialized intellectual instruction.
Labor and Employment Law (General Certification Content)
The Florida Civil Rights Act requires employers to maintain employment records for at least one year after the act complained of, or longer if a charge is filed.
The FLSA requires payroll records for at least three years and time records for two years.
The Florida minimum wage amendment requires employers to keep payroll records for at least three years.
The FMLA requires employers to keep records for at least three years.
The Florida E-Verify requirement requires employers to retain documentation for the duration of employment plus one year.
The Florida Drug-Free Workplace Act requires employers to keep test results confidential and separate from personnel files.
The Florida workers' compensation law requires employers to keep records of injuries and claims for at least five years.
The Florida reemployment assistance law requires employers to keep payroll records for at least four years.
Labor and Employment Law (General Certification Content)
The Florida Civil Rights Act prohibits retaliation against employees who oppose discriminatory practices or participate in proceedings.
The Florida minimum wage amendment prohibits retaliation against employees who assert minimum wage rights.
The Florida Whistleblower Act prohibits retaliation against employees who disclose or object to employer activity that violates a law, rule, or regulation.
The Florida workers' compensation law prohibits retaliation against employees who file claims or testify in proceedings.
The NLRA prohibits retaliation against employees for engaging in concerted activity, including discussing wages and working conditions.
The FMLA prohibits retaliation against employees who exercise FMLA rights.
The FLSA prohibits retaliation against employees who file complaints or participate in investigations.
The Florida Drug-Free Workplace Act prohibits retaliation against employees who report violations of the policy.
Labor and Employment Law (General Certification Content)
The Florida Civil Rights Act requires employers to provide reasonable accommodation to employees with disabilities unless it would impose an undue hardship.
The ADA requires employers to engage in the interactive process when an employee requests accommodation.
The FCRA uses the term handicap and requires employers to accommodate known limitations.
The Florida workers' compensation law requires employers to provide modified duty or vocational rehabilitation when appropriate.
The FMLA requires employers to restore employees to the same or an equivalent position after leave.
The Florida minimum wage amendment requires employers to provide breaks for nursing mothers as required by federal law.
The Florida Drug-Free Workplace Act requires employers to accommodate employees in recovery from substance abuse in certain circumstances.
The Florida E-Verify requirement does not require employers to verify the status of existing employees, only new hires.
Labor and Employment Law (General Certification Content)
The Florida Civil Rights Act requires employers to post a notice of rights that includes the FCHR contact information and filing deadlines.
The Florida minimum wage notice must state the current minimum wage and the tip credit rules.
The workers' compensation notice must identify the insurer and explain the employee's right to reject coverage for non-construction work.
The OSHA poster must be posted where employees can see it; employers must also report certain injuries and fatalities.
The FMLA notice must explain employees' rights and the employer's obligations under the FMLA.
The NLRA notice must inform employees of their rights under Section 7 of the NLRA.
The Florida E-Verify notice must inform employees of the employer's participation in E-Verify.
The Florida Drug-Free Workplace notice must describe the policy, testing procedures, and consequences of a positive test.
Labor and Employment Law (General Certification Content)
The Florida Civil Rights Act prohibits discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status.
The FCRA applies to employers with 15 or more employees and covers employment agencies and labor organizations.
The FCRA allows a complainant to file with the FCHR within 365 days of the discriminatory act.
The FCHR investigates complaints and may issue a determination of cause or no cause within 180 days.
A complainant may file a civil action within 90 days of receiving a right-to-sue notice from the FCHR.
The FCRA allows compensatory and punitive damages subject to statutory caps based on employer size.
The FCRA prohibits retaliation against employees who oppose discriminatory practices or participate in proceedings.
The FCRA requires employers to post a notice of rights and to maintain employment records.
Labor and Employment Law (General Certification Content)
The Florida workers' compensation law provides no-fault benefits for workplace injuries, including medical care and indemnity payments.
The exclusive remedy bar limits tort suits against the employer except for intentional torts.
The law requires employers to secure coverage through insurance or self-insurance before the first employee begins work.
The law requires employees to report injuries to the employer within 30 days.
The law provides for a petition for benefits to be filed with the Office of the Judges of Compensation Claims.
The law sets maximum and minimum compensation rates adjusted annually.
The law prohibits retaliation against employees who file claims or testify in proceedings.
The law requires employers to post notice of coverage and the employee's right to reject coverage for non-construction work.
Labor and Employment Law (General Certification Content)
The Florida reemployment assistance law is administered by FloridaCommerce and funded by employer payroll taxes.
An employee who quits voluntarily without good cause attributable to the employer is generally disqualified from benefits.
Misconduct connected with work disqualifies a claimant from benefits.
Claimants must be able to work, available for work, and actively seeking work.
Claimants must register with Employ Florida and report weekly to maintain eligibility.
The maximum weekly benefit amount is set annually by FloridaCommerce.
Appeals of adverse determinations must be filed within 20 days to the Reemployment Assistance Appeals Commission.
Employers must keep payroll records for at least four years.
Labor and Employment Law (General Certification Content)
The Florida minimum wage amendment applies to all employers regardless of size, with limited exemptions.
The minimum wage is adjusted annually on September 30 based on the Consumer Price Index.
Tipped employees may be paid a lower direct wage if tips bring total pay to the minimum wage.
The amendment prohibits retaliation against employees who assert minimum wage rights.
Employees may file a complaint with the Attorney General or bring a civil action for unpaid wages.
Remedies include back wages, liquidated damages, and attorney's fees.
Employers must post the current minimum wage notice and keep payroll records for at least three years.
The statute of limitations for a civil action is generally two years.
Labor and Employment Law (General Certification Content)
The Florida E-Verify requirement applies to private employers with 25 or more employees.
Employers must verify new hires' employment eligibility through E-Verify within three business days of hire.
Employers must retain documentation for the duration of employment plus one year.
Employers must not use E-Verify to verify existing employees.
Employers must post notice of participation in E-Verify.
Employers must follow the E-Verify tentative nonconfirmation process and provide employees an opportunity to contest.
Employers may not discriminate against employees based on national origin or citizenship status in the E-Verify process.
The Florida Department of Economic Opportunity enforces the E-Verify requirement.
Labor and Employment Law (General Certification Content)
The Florida Drug-Free Workplace Act sets notice, testing, and confidentiality requirements.
Employers must provide written notice of the policy and obtain employee acknowledgment.
Positive test results must be confirmed by a second, different test before adverse action.
Test results must be kept confidential and separate from personnel files.
Voluntary compliance can reduce workers' compensation premium and limit certain liability.
Employers must provide employees an opportunity to explain a positive test result.
Employers must follow the statute's procedures for specimen collection and testing.
The Act prohibits retaliation against employees who report violations of the policy.
Labor and Employment Law (General Certification Content)
The Florida Civil Rights Act allows a complainant to file a civil action after exhausting administrative remedies with the FCHR.
The complainant generally has 90 days from receipt of a right-to-sue notice to file suit.
The FCRA allows compensatory and punitive damages subject to statutory caps.
Back pay is available as equitable relief and is not subject to the caps.
Attorney's fees are available to prevailing plaintiffs.
The FCRA prohibits retaliation against employees who oppose discriminatory practices.
The FCRA requires employers to post a notice of rights.
The FCRA applies to employers with 15 or more employees.
Labor and Employment Law (General Certification Content)
Title VII prohibits discrimination based on race, color, religion, sex, and national origin.
The Pregnancy Discrimination Act amended Title VII to include pregnancy discrimination.
Title VII applies to employers with 15 or more employees.
Charges must be filed with the EEOC within 300 days in Florida.
The EEOC investigates and may issue a right-to-sue notice.
The claimant has 90 days from receipt of the notice to file suit.
Remedies include back pay, reinstatement, compensatory and punitive damages subject to caps.
Title VII prohibits retaliation against employees who oppose discriminatory practices or participate in proceedings.
Labor and Employment Law (General Certification Content)
The ADEA prohibits age discrimination against individuals 40 and older.
The ADEA applies to employers with 20 or more employees.
Charges must be filed with the EEOC within 300 days in Florida.
The ADEA does not permit compensatory or punitive damages.
Remedies include back pay, front pay, and liquidated damages for willful violations.
The ADEA prohibits retaliation against employees who oppose discriminatory practices.
The Older Workers Benefit Protection Act sets requirements for waivers of ADEA claims.
The ADEA allows disparate impact claims in some circuits but not others.
Labor and Employment Law (General Certification Content)
The ADA prohibits discrimination against qualified individuals with disabilities.
The ADA requires employers to provide reasonable accommodation unless it would impose an undue hardship.
The ADA requires employers to engage in the interactive process when an employee requests accommodation.
The ADA applies to employers with 15 or more employees.
The ADA prohibits retaliation against employees who request accommodation or oppose discriminatory practices.
The ADA requires employers to keep medical information confidential.
The ADA allows employers to require medical examinations only after a conditional offer of employment.
The ADA prohibits employers from asking about disabilities before a job offer.
Labor and Employment Law (General Certification Content)
The FMLA provides up to 12 weeks of unpaid leave in a 12-month period.
The FMLA applies to employers with 50 or more employees within 75 miles.
The employee must have worked 12 months and 1,250 hours in the prior 12 months.
The FMLA allows leave for the birth or adoption of a child, the employee's serious health condition, or a family member's serious health condition.
The FMLA requires employers to maintain health benefits during leave.
The FMLA requires employers to restore employees to the same or an equivalent position after leave.
The FMLA prohibits retaliation against employees who exercise FMLA rights.
The FMLA requires employers to post a notice explaining employees' rights.
Labor and Employment Law (General Certification Content)
The NLRA protects employees' rights to engage in concerted activity, including discussing wages and working conditions.
The NLRA applies to most private-sector employers, excluding certain industries.
The NLRA does not cover public-sector employees in Florida.
The NLRA prohibits employers from interfering with employees' Section 7 rights.
The NLRA prohibits employers from discriminating against employees for union activity.
The NLRA requires employers to bargain in good faith with a union representing a majority of employees.
The NLRA allows employees to file unfair labor practice charges with the NLRB within six months.
The NLRA prohibits closed shops but allows union security agreements in some states.
Labor and Employment Law (General Certification Content)
The FLSA requires overtime at 1.5 times the regular rate for hours over 40 in a workweek.
The FLSA exempts employees who meet the salary basis test and the duties tests.
The FLSA requires employers to keep payroll records for at least three years and time records for two years.
The FLSA prohibits retaliation against employees who file complaints or participate in investigations.
The FLSA applies to enterprises with at least $500,000 in annual gross volume or employees engaged in interstate commerce.
The FLSA allows a civil action for unpaid wages and overtime within two years, or three years for willful violations.
The FLSA requires employers to pay the federal minimum wage, which is lower than Florida's minimum wage.
The FLSA requires employers to post a notice explaining employees' rights.