Coral Gables, Florida Employment Law Harassment Attorney

Introduction: Why Employment Law Matters in Coral Gables, Florida

Coral Gables is more than Mediterranean-style architecture and Miracle Mile boutiques. Home to the University of Miami, Baptist Health South Florida’s headquarters, and the historic Biltmore Hotel, the city’s diverse economy employs thousands in education, healthcare, hospitality, and professional services. With such varied workplaces, issues of discrimination, unpaid wages, or workplace harassment can arise. Understanding Florida employment law—and how federal law intersects with it—empowers workers and employers alike to foster compliant, respectful workplaces.

This guide focuses on the rights of employees in Coral Gables under both state and federal statutes such as the Florida Civil Rights Act (FCRA), Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), and other controlling authorities. It also outlines practical steps for reporting violations, the statute of limitations for common claims, and how to obtain local assistance. While the tone slightly favors workers, all information is strictly factual and sourced from authoritative legal materials.

Understanding Your Employment Rights in Florida

Florida’s At-Will Employment Doctrine

Floridians are generally employed “at will,” meaning an employer may terminate employment for any lawful reason—or no reason at all—without advance notice. However, at-will does not allow termination for unlawful reasons. Discharging (or disciplining) an employee because of race, sex, disability, or protected conduct violates federal and state statutes.

• Wrongful termination occurs when an employee is fired for a protected reason or in retaliation for exercising statutory rights.
• Public policy exceptions in Florida include terminations for refusing to participate in illegal activity, for exercising workers’ compensation rights, or for reporting certain statutory violations (Florida’s Whistle-blower Act, F.S. §448.102).

Protected Classes and Prohibited Conduct

Under FCRA (F.S. §§760.01–760.11) and Title VII, employers with 15 or more employees may not discriminate based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40+), disability, or genetic information. Harassment that creates a hostile work environment—including workplace harassment of a sexual, racial, or other protected nature—is illegal.

• FCRA mirrors Title VII but affords a 365-day filing window with the Florida Commission on Human Relations (FCHR), compared with the EEOC’s 180 days (extended to 300 days when overlapping state law applies).
• The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified employees with disabilities, absent undue hardship.

Wage and Hour Basics

The FLSA sets federal minimum wage and overtime rules. Florida’s minimum wage, adjusted annually (F.S. §448.110), is higher than the federal rate. For 2024, it is $12.00 per hour and set to increase to $13.00 on September 30, 2024, under the state constitutional amendment. Non-exempt employees must receive 1.5× their regular rate for hours worked over 40 in a workweek.

Miami-Dade County—of which Coral Gables is a part—also has a wage theft ordinance that offers an administrative avenue for workers who are unpaid or underpaid.

Common Employment Law Violations in Florida

Workplace Harassment

Harassment becomes unlawful when it is severe or pervasive enough to create a hostile work environment or results in an adverse employment action. Examples include:

• Unwelcome sexual advances from a supervisor at a Miracle Mile retail store.
• Racial slurs directed at a University of Miami lab technician.
• Persistent mockery of an employee’s disability at a downtown professional services firm.

Wage & Hour Violations

• Incorrect overtime classifications, especially for assistant managers in hospitality.
• Off-the-clock work at restaurants along Ponce de Leon Boulevard.
• Failure to pay Florida’s prevailing minimum wage.

Retaliation

Both Title VII and FCRA prohibit retaliating against workers who oppose discrimination, participate in an investigation, or request accommodations. Retaliation includes demotion, reassignment to less desirable shifts, or termination.

Misclassification as Independent Contractors

In the burgeoning South Florida gig economy, workers may be labeled as “independent contractors” to avoid wage and tax responsibilities. Courts rely on the economic realities test and IRS factors to determine proper classification.

Florida Legal Protections & Employment Laws

Key Statutes & What They Cover

• Florida Civil Rights Act (F.S. Ch. 760) – Prohibits discrimination and harassment; mandates administrative exhaustion through FCHR before filing a civil suit.
• Title VII of the Civil Rights Act of 1964 – Federal anti-discrimination law covering employers with 15+ employees.
• Fair Labor Standards Act (29 U.S.C. §201 et seq.) – Establishes minimum wage, overtime pay, record-keeping, and youth labor standards.
• Family and Medical Leave Act (29 U.S.C. §2601 et seq.) – Provides up to 12 weeks of unpaid, job-protected leave.
• Florida Whistle-blower Act (F.S. §§448.101–448.105) – Protects employees who disclose or refuse to participate in illegal activities.
• Miami-Dade County Wage Theft Ordinance (Ord. No. 10-16) – Allows administrative complaints for unpaid wages under $60,000.

Statutes of Limitations

• FCRA discrimination/harassment: File with FCHR within 365 days of the adverse act.
• Title VII: File with EEOC within 180 days (300 if dual-filed with FCHR).
• FLSA wage claims: Two years (three for willful violations) to bring suit.
• Retaliation under Whistle-blower Act: File suit within two years of adverse action.

Florida Bar Licensing Rules for Attorneys

Lawyers providing representation must be members in good standing of The Florida Bar; unauthorized practice is prohibited (Rule 4-5.5, Rules Regulating The Florida Bar). Board Certification in Labor & Employment Law is optional but signals specialized expertise.## Steps to Take After Workplace Violations

1. Document Everything

Keep emails, text messages, pay stubs, time records, and witness names. Detailed records bolster credibility in EEOC or court proceedings.

2. Follow Internal Procedures

Most Coral Gables employers maintain anti-harassment or grievance policies. Report misconduct to HR or management per handbook guidelines. Timely reporting can stop harassment and creates a record showing that the employer had notice.

3. File Administrative Complaints

For discrimination or harassment you generally must first file with the Florida Commission on Human Relations or the U.S. Equal Employment Opportunity Commission. Coral Gables workers can submit online, by mail, or visit the EEOC Miami District Office (date-specific addresses can change; verify before visiting).Wage theft complaints may go to the Department of Labor’s Wage and Hour Division or, locally, to Miami-Dade County’s Small Business Development Division under the county ordinance.

4. Observe Deadlines

Missing the statutory filing windows (listed above) can bar recovery. Mark deadlines on a calendar immediately.

5. Seek Legal Counsel Early

Consulting an employment lawyer serving Coral Gables can clarify which statutes apply, potential damages, and procedural traps.

When to Seek Legal Help in Florida

While many workplace disagreements can be resolved internally, legal intervention becomes prudent when:

• You experience severe or pervasive harassment and management fails to act.
• You are terminated shortly after complaining about discrimination, unpaid wages, or unsafe conditions.
• Your employer withholds overtime, misclassifies you as exempt, or mislabels you an independent contractor.
• You need to negotiate severance or a separation agreement safeguarding your future career.
• You require accommodations for a disability and HR refuses without exploring options.

A workplace harassment attorney can evaluate evidence, calculate damages (back pay, front pay, compensatory, punitive), and determine whether to pursue administrative relief, mediation, or litigation in state or federal court. Attorneys admitted to the Southern District of Florida may file federal claims in the Wilkie D. Ferguson Jr. U.S. Courthouse in Miami—approximately 8 miles from Coral Gables.

Local Resources & Next Steps

Coral Gables & Miami-Dade Worker Assistance

• CareerSource South Florida – Coral Gables Center: Provides reemployment services, job search workshops, and information on state unemployment benefits administered by the Florida Department of Economic Opportunity.
• Miami-Dade County Office of Human Rights & Fair Employment Practices: Handles county employee complaints and educates the public on anti-discrimination laws.
• University of Miami Office of Workplace Equity and Inclusion: For UM employees, an internal avenue to report discrimination or harassment.

Practical Tips for Coral Gables Workers

• Confirm whether your employer falls under FCRA (15 employees) or FLSA (annual sales > $500,000 or interstate commerce).
• If you work in the hospitality sector (hotels, restaurants, tourism), ensure that your tip credits conform to Florida law ($3.02 tip credit maximum).
• Health-care staff at Baptist Health should track meal-break interruptions that may trigger overtime.
• Educators at the University of Miami should review contracts for dispute-resolution clauses.

Conclusion

From Miracle Mile retailers to the research labs of the University of Miami, Coral Gables offers vibrant employment opportunities—but also potential for workplace conflict. Florida’s at-will doctrine does not strip employees of protections against discrimination, retaliation, or wage theft. Knowing your rights, documenting issues, meeting deadlines, and consulting qualified counsel can make the difference between lingering injustice and meaningful relief.

Disclaimer: This article provides general information and is not legal advice. Laws change, and each case is unique. Consult a licensed Florida employment attorney to obtain advice regarding your specific situation.

If you experienced workplace discrimination, wrongful termination, or wage violations, call Louis Law Group at 833-657-4812 for a free case evaluation and employment consultation.