Workplace Lawyers: Employment Law in Orlando, Florida

Introduction: Why Orlando Workers Need to Know Their Rights

Orlando, Florida employs hundreds of thousands of workers in hospitality, tourism, health care, technology, aerospace, and public service. Walt Disney World Resort, Universal Orlando, AdventHealth, Lockheed Martin, and Orlando International Airport all anchor Central Florida’s economy. Whether you serve guests on International Drive, design software in Lake Nona’s Medical City, or maintain aircraft at the airport, understanding Florida employment law safeguards your livelihood. This guide—written slightly in favor of employees while remaining strictly factual—explains how federal law, the Florida Civil Rights Act, and other statutes protect Orlando workers from discrimination, unpaid wages, retaliation, and wrongful termination.

Every fact below is drawn from authoritative sources such as the Florida Civil Rights Act (Fla. Stat. § 760.01–760.11), Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA, 29 U.S.C. § 201 et seq.), the Americans with Disabilities Act (ADA), and official guidance from the EEOC, Florida Commission on Human Relations (FCHR), and U.S. Department of Labor (DOL). If a statement could not be verified, it has been omitted.

1. Understanding Your Employment Rights in Florida

1.1 At-Will Employment—What It Means and Exceptions

Florida is an at-will employment state. An employer may terminate an employee for any lawful reason, or no reason at all, without advance notice. However, several critical exceptions protect Orlando workers:

• Statutory Protections — Employers cannot fire or discipline you for reasons prohibited by federal or state law (race, sex, religion, national origin, disability, age 40+, pregnancy, marital status, sickle cell or HIV status under Fla. Stat. § 760.10).

• Contractual Obligations — Written individual contracts, collective bargaining agreements, or implied promises of continued employment can override at-will status.

• Public Policy / Whistleblowing — The Florida Whistleblower Act (Fla. Stat. §§ 448.101–448.105) bars retaliation for reporting legal violations. Workers’ compensation retaliation is also prohibited (Fla. Stat. § 440.205).

• Retaliation for Protected Activity — Federal laws such as Title VII and the FLSA prohibit retaliation for filing charges, testifying, or otherwise asserting workplace rights.

1.2 Core Federal and State Rights

Regardless of industry, most Orlando employees have the right to:

• Minimum wage (Florida’s state rate is $12.00/hour as of September 30, 2023, pursuant to Art. X, § 24 of the Florida Constitution, increasing annually until it reaches $15.00 in 2026).

• Overtime pay of 1.5× regular rate for hours over 40 per week for non-exempt workers under the FLSA.

• Work free from discrimination and harassment based on protected characteristics.

• Reasonable accommodations for qualified disabilities (ADA) and pregnancy (Pregnancy Discrimination Act; Fla. Stat. § 760.10 following 2014 Fla. Supreme Court ruling Delva v. Continental Group, Inc.).

• Job-protected leave under the Family and Medical Leave Act (FMLA) if the employer has 50+ employees within 75 miles.

• Unemployment benefits administered by the Florida Department of Commerce (formerly DEO) if separated through no fault of their own.

2. Common Employment Law Violations in Orlando and Statewide

2.1 Wage and Hour Violations

Hospitality and service industries dominate Orlando, making wage issues prominent. Common violations include unpaid overtime, off-the-clock work, tip pooling that illegally benefits managers, and misclassification of employees as independent contractors.

2.2 Discrimination and Harassment

Under Title VII and the Florida Civil Rights Act, discrimination based on race, color, religion, sex (including sexual orientation and gender identity, per Bostock v. Clayton County, 590 U.S. ___ (2020)), pregnancy, national origin, age 40+, disability, or genetic information is unlawful. Harassment becomes actionable when it creates a hostile work environment or results in tangible employment action.

2.3 Retaliation

Retaliation claims now constitute the largest category of EEOC charges. Employers cannot punish workers for filing a complaint, participating in an investigation, requesting reasonable accommodation, or whistleblowing.

2.4 Wrongful Termination

Because Florida is at-will, “wrongful termination” focuses on illegal reasons for discharge: discrimination, retaliation, breach of an employment contract, or refusal to engage in unlawful conduct.

2.5 Leave Violations

Failing to provide FMLA leave to eligible workers or terminating employees for taking protected leave violates federal law. Orlando’s healthcare sector sees frequent FMLA disputes involving medical staff who must take intermittent leave.

3. Florida Legal Protections & Employment Laws

3.1 Florida Civil Rights Act (FCRA)

• Covers employers with 15 or more employees.

• Prohibits discrimination and retaliation, mirroring Title VII but also covering marital status.

• Statute of Limitations: Charge must be filed with the Florida Commission on Human Relations within 365 days of the discriminatory act (Fla. Stat. § 760.11(1)).

• After filing, the FCHR investigates. If it fails to issue a determination within 180 days, the employee can request a “Notice of Dismissal” and sue in state court within one year of that notice.

3.2 Title VII of the Civil Rights Act of 1964

• Applies to employers with 15+ employees.

• Charge must be filed with the EEOC within 300 days in Florida because the FCHR is a “deferral agency.”

• After the EEOC issues a “Right-to-Sue” letter, a civil lawsuit must be filed in federal court within 90 days.

3.3 Fair Labor Standards Act (FLSA)

• Sets federal minimum wage and overtime.

• Statute of Limitations: 2 years (3 years for willful violations) to file in court, 2 years to file a Wage and Hour complaint with the DOL.

• Liquidated damages equal to unpaid wages may double recovery unless the employer proves good faith.

3.4 Florida Minimum Wage Amendment

• State minimum wage exceeds federal rate: $12.00/hour (effective 9/30/2023); $8.98/hour for tipped employees (tip credit $3.02).

• Adjusted annually each September 30 by the Florida Department of Commerce based on inflation.

3.5 Americans with Disabilities Act (ADA)

• Requires reasonable accommodation for qualified disabilities unless undue hardship.

• Covers employers with 15+ employees.

• Charge filing deadlines match Title VII (300 days in Florida).

3.6 Age Discrimination in Employment Act (ADEA)

• Protects workers age 40 and older.

• No administrative Right-to-Sue letter required if 60 days have passed since filing with EEOC; lawsuit must be filed within 90 days after EEOC notice.

3.7 Florida Whistleblower Act

• Covers private employers with 10+ employees.

• Employees must provide written notice of legal violation to employer and allow 15 days to correct (unless futile) before suing.

• Action must commence within two years of retaliatory action (Fla. Stat. § 448.103(1)(a)).

3.8 OSHA and Workplace Safety

The U.S. Occupational Safety and Health Administration regulates safety even in Florida. Complaints must be filed within 30 days of retaliation.

3.9 Licensing and Practice of Law in Florida

Only attorneys who are active members of The Florida Bar may represent clients in state courts. Out-of-state lawyers must seek pro hac vice admission under Florida Bar Rules Regulating the Florida Bar 1-3.10 and 1-3.11.

4. Steps to Take After a Workplace Violation

4.1 Document Everything

• Save emails, texts, performance reviews, timecards, schedules, and pay stubs.

• Write a contemporaneous journal noting dates, times, witnesses, and what was said or done.

• Request a copy of your personnel file if available under company policy.

4.2 Use Internal Complaint Channels

Many hospitality and healthcare employers in Orlando maintain employee hotlines or HR portals. Filing an internal complaint preserves your retaliation claim and often triggers an employer’s duty to investigate.

4.3 File Administrative Charges Timely

Discrimination/Retaliation: File with the Florida Commission on Human Relations within 365 days or the U.S. Equal Employment Opportunity Commission within 300 days. Wage Claims: Submit a complaint to the U.S. Department of Labor Wage and Hour Division (Orlando District Office, 5850 TG Lee Blvd., Suite 325) or file directly in court.

4.4 Consider Mediation

Both EEOC and FCHR offer voluntary, free mediation early in the charge process. Successful mediation can provide back pay, reinstatement, and policy changes faster than litigation.

4.5 Preserve Evidence for Litigation

If administrative remedies fail, prepare for a lawsuit in either state or federal court. Keep your evidence organized; the employer may have video surveillance or electronic data subject to discovery.

5. When to Seek Legal Help in Florida

5.1 Indicators You Need an Employment Lawyer

• You were fired shortly after complaining about discrimination or unpaid wages.

• HR ignored or minimized your harassment complaint.

• Your employer pressures you to sign a severance agreement without explaining your rights.

• You believe you have missed pay, overtime, or tips.

5.2 The Role of an Orlando Employment Lawyer

An employment lawyer Orlando Florida practitioners can:

• Advise you on administrative filing deadlines.

• Draft EEOC/FCHR charges to preserve all claims.

• Negotiate confidential settlements or severance packages.

• Litigate in the U.S. District Court for the Middle District of Florida (Orlando Division) or Orange County Circuit Court.

5.3 Fee Structures

Many plaintiff-side employment lawyers work on contingency (no fee unless you recover). Others charge hourly or offer hybrid models for wage cases. Florida Bar Rule 4-1.5 requires fees to be reasonable and disclosed in writing.

6. Local Resources & Next Steps

6.1 Government Offices Serving Orlando

• EEOC Tampa Field Office (covers Orlando): 501 E. Polk St., Suite 1000, Tampa, FL 33602; (813) 202-7100.

• Wage and Hour Division – Orlando District Office: 5850 TG Lee Blvd., Suite 325, Orlando, FL 32822; (407) 581-4741.

• CareerSource Central Florida: Multiple job centers in Orange, Osceola, Seminole, Lake, and Sumter counties—assist with unemployment claims and training.

6.2 Non-Profit and Bar Association Help

• Legal Aid Society of the Orange County Bar Association: Provides limited employment law assistance for qualifying residents.

• Florida Legal Services: Statewide advocacy and referrals.

• American Civil Liberties Union (ACLU) of Florida: Select civil rights cases.

6.3 Statute of Limitations Quick Reference

• FCRA: 365 days to file with FCHR.

• Title VII / ADA: 300 days to file with EEOC; 90 days to sue after Right-to-Sue.

• ADEA: 300 days to EEOC; 90 days to sue.

• FLSA: 2 years (3 willful) to sue.

• Florida Whistleblower Act: 2 years.

• OSHA retaliation: 30 days.

6.4 Moving Forward

Every workplace dispute is unique. Acting quickly preserves evidence and statutory rights. If internal measures don’t resolve the issue, professional counsel can make the difference between recovery and forfeiting your claim.

Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Employment law is complex; you should consult a licensed Florida attorney to evaluate specific facts.

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.