Employee rights in the workplace vary from state to state. If you are an employee in Florida, know your workplace rights to ensure you are receiving the treatment, conditions, and compensation you deserve for your labor.

Here are Some of the Florida Employee Rights in the Workplace:

Right to Privacy

An employee’s right to privacy in the workplace includes the privacy of the following items:

  • Personal possessions
    • Handbags
    • Briefcases
  • Storage lockers that are meant to be accessed by only the respective employee
  • Private mail specifically addressed to the employee
  • Telephone conversations
  • Voicemail messages
  • Credit and background checks (during the application process, if not specified as being conducted by the employer and given consent)

Right to privacy does not generally extend to the following:

  • Emails on company email server
  • Internet activity on a company’s internet server
  • State employees
  • Random drug testing in work settings where safety is a risk factor, or when an employer has reasonable suspicion of employee’s drug use

Right to Fair Compensation

Wages are to be given fairly for work performed. The current federal minimum wage is $7.25/hour while the minimum wage in Florida is $8.25 per hour, as of 2018.

Right to a Safe Workplace

An employee’s right to a safe workplace includes a physical environment free of toxic substances, dangerous conditions, and potential safety hazards.

Right to Whistleblowing

An employee cannot be retaliated against for filing a complaint or claim against their employer.

Right to Fair Labor Standards

All employees have rights under the Fair Labor Standards Act (FLSA), which regulates the following:

  • Workday durations and breaks
  • Record-keeping rules
  • The ordering of back wages payment
  • Filing lawsuits for back wages
  • Overtime
  • Child labor standardsRight to Fair Labor Standards

Right to Family and Medical Leave

For qualified medical purposes, employees have the right to take a leave of absence for up to twelve weeks while preserving their position throughout the leave duration.

The Right to Family and Medical Leave Act (FMLA) extends to employees who have worked for at least 12 months (a minimum of 1,250 hours in this time period) for an FMLA-covered employer, where at least 50 employees work.

Freedom from Discrimination

Employees are protected against discrimination against the following qualities:

Right to Equal Employment Opportunity (Title VII)

Under Title VII of the Civil Rights Act of 1964, employees have the right to be hired without consideration of or discrimination against race, religion, color, national origin, or sex.

Right to Protection and Accommodation of Disabilities

If an employee has a history of a disability (physical or mental), or incurs a disability but can still perform essential work functions, the employee is protected under the Americans with Disabilities Act (ADA). Disabilities include physical or mental impairments that cause substantial limitation to major life activities, including seeing, hearing, walking, speaking, breathing, or performing manual tasks.

As long as a person with a disability can perform all essential job tasks, this person is protected under ADA with the right to the following accommodations:

  • Flexible/modified work schedule
  • Adjustment of training material and/or employee policies
  • Provision of interpreters
  • Reassignment to other position
  • Disability-accessible workplace
  • Provision of new accommodating equipment
  • Job restructuring

Rights against Age Discrimination

Under the Age Discrimination in Employment Act, employees over the age of 40 in a workplace of over 20 employees have protection from unfair and non-preferential treatment based on age.

Freedom from discrimination extends to job applicants as well, offering protection from failure to be hired based on unfair factors such as age, gender, national origin, religion, or race.

Hire an Employee Rights Attorney

Have you been denied your employee rights at work? The Law Offices of Eddy Marban have represented thousands of clients over the last 30 years and can guide you through the protection of your legal rights.

Get in touch with our team to learn more about the legal guidance we provide or request a free consultation, today!