Free Florida Labor and Employment FAQs | Free Florida Labor and Employment Legal Documents

Are Certain Occupations Prohibited For Minors?

Tue, 29 May 2007 21:19:00 GMT

The rules governing hazardous occupations and equipment are divided into two groups: one for minors ages 14 and 15 and another for all minors. To access Child Labor hazardous occupation information, you may click here .

Are The Child Labor Laws Different For The Entertainment Industry?

Tue, 29 May 2007 21:19:00 GMT

The entertainment industry is exempt from many of the employment restrictions for minors. Employers of minors in the entertainment industry are required to obtain a Permit to Hire prior to employing any minor in Florida. An application for a Permit to Hire shall be made by submitting a completed Application for Permit to Hire, Form FCL_1001. Permits shall be limited in duration to the employer's schedule of production, or tour within the state of Florida, not to exceed one year. For more information, contact the Department of Business and Professional Regulation, Division of Professions, Child Labor Section at (850) 4883131.

Are There Certain Requirements For Those Who Employ Minors?

Mon, 04 Jun 2007 21:51:22 GMT

Employers are required to keep proof of age on all minor employees and a copy of waiver authorizations on those minors who have been issued a waiver. Employers must post in a conspicuous place a poster that notifies minors of the Child Labor Law.

Are There Restrictions On The Hours A Minor Can Work?

Tue, 29 May 2007 21:19:00 GMT

When school is in session minors under 16 may work three hours on all days except Saturday and Sunday when they may work up to eight hours per day. Minors under age 16 may work up to 15 hours a week when school is in session. When school is not in session minors 14 & 15 may work eight hours per day between 7 a.m. and 9 p.m., on days when there isn't school the next day and up to 40 hours per week on non school weeks and during summer vacation. Note that federal law is more restrictive than state law, limiting 14 and 15 year olds to work not before 7 a.m. or after 7 p.m. (9 p.m. from June 1, through Labor Day). Employers who are covered under the FLSA must adhere to the federal application of the law.

For minors 16 & 17, the allowable work hours are: 30 hours a week when school is in session; eight hours per day between 6:30 a.m. and 11:00 p.m. if school is scheduled the following day. There are no limitations on hours worked when school is not scheduled the following day or during holidays and summer vacation.

Minors may work no more than six consecutive days in any one week. They are not permitted to work during normal school hours unless they are enrolled in a schooltowork experience program, career education or other program declared exempt by the state or have received a partial waiver. Minors may work no more than four consecutive hours without a 30 minute, uninterrupted break. The employer is not required to pay wages for a minor's break time.

Minors are exempt from the hours restrictions of the Child Labor Law if they have been married, graduated from an accredited high school or hold a high school equivalency diploma, served in the military, authorized by a court order, or been issued a partial waiver. Waivers may be granted on a casebycase basis, when it clearly appears in the best interest of the minor. Minors enrolled in the K12 (public school program) may apply for this waiver by asking their public school superintendent or designee. For minor's who are no longer enrolled in the public high school system of K12 programs, they are required to submit a Partial Waiver Application (FCL_1002) and supporting documentation to the Child Labor Office for approval.

Can My Employer Terminate Me For No Reason?

Tue, 29 May 2007 21:19:00 GMT

Yes. Florida is an employmentatwill state. That means that an employer can discharge an employee for any reason, or no reason, with or without notice, as long as the discharge does not violate a law (such as employment discrimination laws) and there is no employment contract that states otherwise.

How Do I File My Claim For Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may file your initial claim online:
Claim Book.

After filing your claim, you will report by telephone every two weeks to answer questions about your eligibility for benefits. Making these reports on time is important because benefits can only be paid after your responses are received. The telephone reporting system is called Florida Rapid Service Voice Processing Click here to complete your continued claims application online.

How Do I Know If I Am Eligible To Receive Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

For each week of benefits claimed, you must:

Be totally or partially unemployed
Report as instructed or scheduled
Be physically able to perform some type of work
Be available for work and ready, willing and able to accept suitable work immediately (Workers in approved training may not be required to accept work immediately. To qualify, you must have a written authorization for approved training.)
Have an adequate means of transportation and child or dependent care
Participate in reemployment services as directed
Keep a list of all job contacts and the dates they were made, and submit the list when requested.
Report the gross amount of all wages earned in each week you claim benefits, and
Be legally authorized to work in the United States.

To qualify monetarily, you must have received:

wages in two or more calendar quarters during your base period. (If you are ineligible and earned wages that you did not receive until the next calendar quarter, let us know right away.) and
total base period wages of at least 1½ times the wages in the quarter with the highest earnings (if you are ineligible due to receiving a large payment in one calendar quarter, let us know.) and
total wages of $3,400 or more in your base period.

How Do I Know If I Am Liable For Unemployment Taxes?

Tue, 29 May 2007 21:19:00 GMT

You must report wages and pay taxes to the Unemployment Tax program if you:

paid $1,500 in wages within a calendar quarter,
have employed one person for any portion of a day in 20 different weeks during the calendar year, or
are liable for federal unemployment tax (FUTA) because of employment in another state.

If you have domestic employees in your home, you are liable if you paid $1,000 in cash wages to domestic employees within a calendar quarter.

You may refer to the Unemployment Compensation Employer Handbook for additional information.

How Much Compensation Can I Receive?

Tue, 29 May 2007 21:19:00 GMT

The amount you receive each week depends on how much you earned each week while you were employed. The amount is based on your "base period" or the wages you earned during the first four of the last five completed calendar quarters at the time you file your claim. To calculate your Weekly Benefit Amount, find the quarter with the highest earnings and divide by 26. The minimum Weekly Benefit Amount is $32 and the maximum Weekly Benefit Amount is $275.

A Wage Transcript and Determination will be mailed to you within two weeks after you file your claim. The Wage Transcript shows the time period considered in your claim (base period) and should list all the employers you worked for and all wages you were paid during that time. The Wage Transcript tells how much you may receive each week and the maximum total amount you may receive during the year. If you work parttime, your weekly benefit amount may be reduced.

I Am An Employer With Employees In More Than One State. Where Should I File New Hire Reports?

Mon, 04 Jun 2007 21:51:22 GMT

You have two options. You may report newly hired employees to the state in which they are working, following the new hire regulations of each state to which you will report. Click here for more information on electronic reporting.

I Have A Disability And Need To Work. Are There Any Programs In The State Of Florida That Can Help Me?

Tue, 29 May 2007 21:19:00 GMT

The Florida Vocational Rehabilitation Program is available to assist Floridians with disabilities find employment opportunities and training. Information on Vocational Rehabilitation is available at: http://www.rehabworks.org/Regional Workforce Boards through One Stop Career Centers also provide employment services for all Floridians. A directory of Workforce Boards and their websites can be found at: http://www.workforceflorida.com/wages/wfi/boards/index.html. A directory of one stop career centers is available at:http://www.floridajobs.org/onestop/onestopdir/index.htm

Must I Pay Income Tax On My Benefits?

Tue, 29 May 2007 21:19:00 GMT

Yes. Benefits are fully taxable. You have the choice of either paying the IRS when you file your taxes or you may request 10% of your weekly benefits be withheld for federal income tax.

Must I Pay Income Tax On My Benefits?

Tue, 29 May 2007 21:19:00 GMT

Yes. Benefits are fully taxable. You have the choice of either paying the IRS when you file your taxes or you may request 10% of your weekly benefits be withheld for federal income tax. If you decide to have income tax withheld from your benefits, please mail or fax a completed You may file a request for reconsideration or an appeal. The request must be filed within 20 days from the mailing date of the notice. You may file your request by mailing a letter to:

Office of Appeals,
MSC 347
107 E Madison Street
Tallahassee, FL 323994143

If you are still unemployed and are waiting for your redetermination or appeal hearing, you must continue to report as scheduled to claim benefits. Otherwise, you may not be paid for the weeks you were unemployed, even if you win.

What Can I Do If I Am Denied Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may file a request for reconsideration or an appeal. The request must be filed within 20 days from the mailing date of the notice. You may file your request by mailing a letter to:

Office of Appeals,
MSC 347
107 E Madison Street
Tallahassee, FL 323994143

click here .

What Can I Do If I Still Disagree With The Appeals Referee Decision?

Tue, 29 May 2007 21:19:00 GMT

After receiving the Appeals Referee Decision, either party to the decision may file a request for review by the Unemployment Appeals Commission (U.A.C.). The agency itself may also request such a review in cases where there appears to be procedural error. The U.A.C. reviews all documentation and tapes of the Appeals Hearing and rules as to whether or not the Appeals Referee's decision was in accordance with the law as well as whether or not proper procedure was followed.

A claimant or employer may file the appeal either in person or by mail within 20 days of the mailing date of the adjudicator's determination. If filing by mail, the postmark date will serve as the date filed when completing the request form (UCA1).

What Information Must Be Reported?

Tue, 29 May 2007 21:19:00 GMT

The following information is required:

Employer's Federal Employer Identification Number (FEIN)

Employer's Name

Employer's Address

Employee's Name (First, Middle, Last)

Employee's Address

Employee's Social Security Number

Employee's Date of Hire

Additional information may be required if reporting electronically. Please click here for electronic reporting specifications.

What Is The Alien Labor Certification Program?

Tue, 29 May 2007 21:19:00 GMT

The Florida Agency for Workforce Innovation's Alien Labor Certification Program is federally funded through a contract with the U.S. Department of Labor. For many professional, technical, managerial and skilled occupations, the program allows employers who have been unable to hire qualified workers eligible to work in the United States to file a labor certification application with the Alien Labor Certification Section to bring foreign workers into the United States on a permanent or temporary basis. In connection with filing the labor certification application, the Alien Labor Certification staff is required to determine the prevailing wage for the occupation in the area of intended employment and to initiate a work search to recruit and refer qualified U.S. workers for the job opening. The employer can only reject U.S. applicants for job related reasons. After completion this process, the application is forwarded to the Agency for Workforce Innovation's Region III office, for certification or denial.

What Is The New Hire Law?

Tue, 29 May 2007 21:19:00 GMT

The new hire law requires all employers, regardless of size, to report newly hired and rehired employees to a state directory within 20 days of their hire date. The purpose of new hire reporting is locate parents who owe child support, detect welfare fraud, and identify fraudulent unemployment and workers' compensation claims.

What Is The Tax Rate For New Employers?

Tue, 29 May 2007 21:19:00 GMT

Unemployment taxes must be paid on the first $7,000 of wages paid to each employee per year. The initial tax rate is 2.7% and remains in effect for 10 calendar quarters, at which time the account will receive a computed tax rate. The main factor determining your computed tax rate is the ratio of benefits charged to your account to your reported taxable payroll for the previous three years. The minimum tax rate allowed by law is 0.1% and the maximum tax rate allowed by law is 5.4%.

What is the minimum wage in Florida?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage in Florida is currently $7.21, which is the same as the Federal minimum wage.

When Are Wage Reports Due?

Tue, 29 May 2007 21:19:00 GMT

The Unemployment Tax Employer's Quarterly Report must be submitted by the end of the month following the calendar quarter for which the report is due. You must still file an Employer's Quarterly Report (UCT6) and report wages paid to each employee even if no tax is due.

Where Can I File A Complaint For Discrimination?

Tue, 29 May 2007 21:19:00 GMT

The Discrimination Complaint Forms Package will provide you with the information and form you need to file a complaint with the Florida Agency for Workforce Innovation, Office for Civil Rights. To file a complaint of discrimination, simply complete the complaint form entirely and mail or email it back as directed in the form's instructions.

Where Can I Get More Information About New Hire Reporting?

Tue, 29 May 2007 21:19:00 GMT

For additional information, call the Florida New Hire Reporting Center at (850) 6563343 or (888) 8544791. Staff is available Monday through Friday, 8:00am 6:00pm Eastern time. The toll free number operates 24 hours a day, seven days a week, and offers the ability to order documents and have them faxed to you using the automated system.

Where Do I File An Application?

Tue, 29 May 2007 21:19:00 GMT

The address, telephone and fax are as follows:

Alien Labor Certification
P.O. Box 10869
Tallahassee, FL 32302

Telephone Number: (850) 9213367
Fax Number: (850) 9213120You may click here to request the necessary forms.

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