Hiring contracts are a staple in human resource departments across the state and country. They often become just another perfunctory form that gets signed when hiring new employees. An HR professional fills in the necessary information, and everyone signs, not looking closely at the details and terms. However, a hiring contract is not a set-it-and-forget-it document. The laws change, and with it, your hiring contracts must be updated to ensure legal compliance.
Non-Compete Agreements
A significant change took place in April 2024. The Federal Trade Commission (FTC) issued a new rule that bans new non-compete agreements. Employers are no longer allowed to include non-compete agreements in their hiring contracts. They also cannot enforce the majority of existing non-compete agreements. Generally, this new rule applies to general employees but not top-level executives.
Breaks
A company must provide at minimum a 30-minute break for every four hours of continuous work the employee performs. However, a business could allow longer or more frequent breaks.
Minimum Wage
The state minimum wage for employees working in Florida is $12.00. However, this is set to change on September 30, 2024, when it will increase its rate to $13. This is part of a larger plan to increase the state minimum wage to $15 by 2026. The state minimum wage is slightly lower for employees whose income is supplemented with tips. For these employees, the minimum wage is $8.98. However, this does not relieve employers of all responsibility. It must ensure employees earn a minimum of $11 hourly wage when their tips are combined with their pay.
Overtime
Employees are entitled to 1.5 times their pay when working overtime. This is in accordance with the federal law that normal working hours cannot exceed 40 hours per week. There are stipulations to this law, though. Working with an employment attorney can help businesses understand what law applies to them.
Leave
No Florida law requires employers to give workers vacation time, paid or unpaid holiday, or sick leave. However, if they choose to do so, they must comply with established terms. The Family and Medical Leave Act requires some employers to allow workers to take a certain amount of unpaid family sick leave.
Jury Duty or Witness
Employers in Florida cannot fire an employee or take adverse action against the employee for complying with a jury duty summons. An employer doesn’t have to pay the employee for their time responding to the jury summons. Similarly, a company cannot fire or punish an employee for testifying as a witness.
Military Service
Companies operating in Florida cannot punish or fire employees for performing their military service as an active member of the National Guard or another reservist role in the armed forces. Those returning from service are entitled to return to their positions with the same rights, benefits, and seniority. The employee is then safe from discharge for up to a year without cause.
Record-Keeping Requirements
The Fair Labor Standards Act (FLSA) requires employers to keep all hiring contracts, payroll data, I-9, and other documents for at least three years. If the employee has worked for the business for over three years, then the company must hold the documents for at least one year after the employee leaves the business. Other laws may apply to record-keeping requirements.
Update Your Hiring Contract for 2024
If you haven’t reviewed and updated your hiring contract lately, then it your company could be at risk of unknowingly violating the law. The human resources department for ensuring a company hires, manages, and discharges employees in accordance with Florida and federal laws. Working with an experienced Florida attorney can help companies maintain proper employee contractual agreements.
Schedule a consultation today to speak with our experienced employment law attorneys.
