Here are four key takeaways from the slate of new laws, rules and regulations affecting employers and employees locally and across the state.
Retired schoolteachers and other public retirees in Florida no longer need to wait a year before they can return to work and start drawing pension benefits along with their new paycheck.
Only the state and federal government — not cities and counties — can impose rules on businesses to try to curb heat-related illnesses among outdoor workers.
And while the state still limits how and when 16- and 17-year-olds may work during the school year, it now allows them to put in more than 30 hours a week on the job with a parent's permission.
Those are a few of the new state laws that took effect July 1 with significant implications for Florida's business community and workforce.
In addition to the state-level changes, the U.S. Department of Labor has updated its rules about who may be exempt from earning overtime pay to help bring wages more in line with today's high costs of living, meaning many salaried workers in Florida may now be eligible for overtime.
Here are four key takeaways from the slate of new laws, rules and regulations affecting employers and employees locally and across the state:
Expanded overtime for white-collar workers
Florida employers need to be mindful of the U.S. labor department's new overtime rule, and that it significantly raises the bar for who can be exempt from overtime pay under the Fair Labor Standards Act.
As of July 1, full-time executive, administrative and professional employees may now be entitled to overtime pay if they make less than $844 a week, or $43,888 a year, while "highly compensated" employees must now be paid at least $132,964 a year to remain exempt from overtime.
Previously, workers who earned a salary of at least $684 a week, or $35,568 a year, could be exempt from overtime. For highly compensated employees, the exemption threshold previously was $107,432 a year.
Employers face an important choice: Boost salaries to keep workers exempt from overtime requirements, pay them overtime when necessary, or face monetary penalties or civil lawsuits.
It's likely that some businesses, unaware of the new overtime rule, are inadvertently neglecting to pay overtime wages as a result of their failure to raise salaries from the old to new thresholds. This could give rise to lawsuits against employers for unpaid wages, as well as government penalties of up to $1,000 for each willful or repeated violation.
Meanwhile, opponents of the new rule have begun filing lawsuits nationwide. In June, a federal judge in Texas issued a temporary injunction preventing implementation in the Lone Star State, but the halt has no bearing in Florida. For now, at least, Florida employers must ensure they comply with the new rule to avoid potential litigation and fines.
Easing teen labor restrictions
Among the new state employment laws that took effect this month, one of the more controversial is House Bill 49, which allows 16- and 17-year-olds to work more than 30 hours per week when school is in session, if they have permission from a parent, guardian or high school principal. The new law also allows teens to work more than eight hours on Sundays and holidays when school is the next day, but it still imposes other restrictions for 16- and 17-year-olds, including requiring a 30-minute meal break after four hours of work.
HB 917, another bill addressing teen labor rights, allows 16- and 17-year-olds to perform some construction jobs with supervision, but not at heights above 6 feet. Employers should be vigilant about complying with the new state legislation as well as the Fair Labor Standards Act, which says that violators of federal child labor laws could face stiff penalties of up to $10,000 per worker and criminal prosecution.
Employment after retirement
State lawmakers this year also voted to allow public retirees with pensions from the Florida Retirement System (FRS) to return to work for any FRS employer and receive both compensation and retirement benefits within six months. Under HB 151, FRS retirees who meet the definition of "termination" may now draw both FRS benefits and a salary from an FRS employer six months after retirement. Previously, the required time to establish termination was a year.
Looking ahead, HB 151 closes the Florida Retirement System Preservation of Benefits Plan to new members beginning July 1, 2026.
Preemption of local heat protections for outdoor workers
Florida employers also should know that cities and counties statewide may no longer impose their own heat protection rules on businesses. House Bill 433 bars local-level heat protection standards for private-sector workers beyond state or federal law. The bill could open the door to new state-level heat protections because Florida currently does not have any.
Staying abreast of the latest developments in employment law can be a daunting task for any business leader in Florida. These recent changes make it even more critical for employers to review their workplace policies to stay compliant and avoid litigation and fines without sacrificing their corporate culture or business goals.
Originally published by Tampa Bay Times
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.