FL Labor & Employment Specialist flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Right-to-work state

Florida is a right-to-work state under its constitution; union membership or dues payment cannot be required as a condition of employment for private-sector workers.

Florida Civil Rights Act

State law prohibiting employment discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status for employers with 15 or more employees.

FCHR filing deadline

A complainant must file an FCRA complaint with the Florida Commission on Human Relations within 365 days of the discriminatory act.

FCRA right-to-sue

After the FCHR issues a right-to-sue notice, the complainant generally has 90 days to file a civil action under the Florida Civil Rights Act.

At-will employment

Either party may terminate the employment relationship at any time for any lawful reason, subject to contract, statutory, and public-policy exceptions.

FLSA overtime rule

Employers must pay 1.5 times the regular rate for hours worked over 40 in a workweek; the regular rate includes nondiscretionary bonuses and shift differentials.

FLSA salary basis test

An exempt employee must receive a predetermined and fixed salary not subject to reduction based on quality or quantity of work, currently at least $684 per week.

Title VII charge deadline

In Florida, a Title VII charge must be filed with the EEOC within 300 days of the alleged discriminatory act because the state is a deferral state.

FMLA eligibility

An employee must have worked 12 months and 1,250 hours in the prior 12 months for an employer with 50 or more employees within 75 miles.

Workers' compensation exclusive remedy

Florida workers' compensation is generally the exclusive remedy for workplace injuries, limiting tort suits against the employer except for intentional torts.

Florida E-Verify threshold

Private employers with 25 or more employees must verify new hires' employment eligibility through E-Verify and retain documentation.

Florida minimum wage amendment

A constitutional amendment setting the state minimum wage and requiring annual adjustments based on the Consumer Price Index each September 30.

Florida whistleblower notice

Under Fla. Stat. § 448.102, an employee must give written notice to the employer before filing a retaliation suit for disclosing illegal activity.

Florida child labor rules

State law restricts hours and occupations for minors, barring hazardous work and limiting school-day hours for 16- and 17-year-olds.

FloridaCommerce role

The state agency administering reemployment assistance and enforcing the state minimum wage and wage payment laws.

Unemployment misconduct disqualification

A claimant discharged for misconduct connected with work is generally disqualified from reemployment assistance benefits.

Florida workers' compensation coverage

Employers must secure coverage through insurance or self-insurance before the first employee begins work; failure exposes the employer to tort liability and penalties.

Florida background screening

Fla. Stat. ch. 435 requires level 2 screening for certain positions with vulnerable persons and sets notice and disqualification procedures.

EEOC charge procedure

A charge is filed with the EEOC, which investigates and may issue a right-to-sue notice; the claimant then has 90 days to file suit.

NLRB unfair labor practice

A charge must be filed with the NLRB within six months of the alleged violation; the Regional Director investigates and may issue a complaint.

OSHA jurisdiction in Florida

Florida does not operate a state OSHA plan, so federal OSHA has jurisdiction over private employers for workplace safety standards.

Workers' compensation claim procedure

The employee reports the injury within 30 days and files a petition for benefits with the Office of the Judges of Compensation Claims.

Unemployment appeal deadline

An adverse reemployment assistance determination must be appealed within 20 days to the Reemployment Assistance Appeals Commission.

FMLA enforcement

An employee may file a complaint with the DOL Wage and Hour Division or bring a civil action within two years, or three years for willful violations.

FLSA recordkeeping

Employers must keep payroll records for at least three years and time records for two years under the Fair Labor Standards Act.

FCRA posting requirement

Employers must post a notice of rights including the FCHR contact information and filing deadlines in a conspicuous location.

Reasonable accommodation process

The employer must engage in an interactive process when an employee requests accommodation and document the request and response.

Disparate treatment

Intentional discrimination requiring proof of motive; the McDonnell Douglas burden-shifting framework applies when direct evidence is absent.

Disparate impact

A neutral policy that disproportionately affects a protected group; the employer must show the policy is job-related and consistent with business necessity.

Title VII damage caps

Compensatory and punitive damages are capped at $50,000 to $300,000 based on employer size; back pay is not subject to the caps.

FCRA coverage threshold

The Florida Civil Rights Act applies to employers with 15 or more employees, including part-time and full-time workers on the payroll.

Florida minimum wage tip credit

Employers may pay tipped employees a lower direct wage only if tips plus direct wage equal at least the full minimum wage.