News & Analysis as of

Florida Employment Policies

Cole Schotz

Florida’s CHOICE Act: Offering Unprecedented, New Tools to Employers to Prevent Unfair Competition

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As of its July 3, 2025 effective date, the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (“CHOICE”) Act dramatically overhauled Florida’s restrictive covenant framework. While many states...more

Mintz

Florida Attorney-General Bans Outside Counsel with DEI & ESG Policies

Mintz on

The State of Florida's Attorney-General has increased the scope of his offensive against DEI and ESG initiatives. Not only has the Florida AG announced an investigation into climate non-profits concerning environmental...more

Dickinson Wright

Orbiting Opportunity: Why Relocating Employees to Florida is a Strategic Magnet for Retaining Mission-Critical Staff

Dickinson Wright on

With the Federal Trade Commission’s non-compete ban out of the picture, the Supreme Court barring most universal injunctions, and the National Labor Relations’ Board directive identifying non-compete agreements as violating...more

Seyfarth Shaw LLP

Florida Becomes Most Employer-Friendly State for Non-Competes

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As jurisdictions around the country continue to impose limitations—or outright bans—on restrictive covenants, Florida is taking a decidedly different approach....more

Vedder Price

Florida's CHOICE Act Gives Employers Much To Consider In Reshaping Their Restrictive Covenant Agreements

Vedder Price on

Set to take effect on July 1, 2025, the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (the “Act”) allows covered non-compete and garden leave agreements to extend...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida Court Rules That the Florida Constitution Requires Employers to Accommodate Off-Duty Medical Marijuana Use

A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities....more

FordHarrison

Managing Political Discussions in Florida’s Private Workplaces: What Employers Need to Know

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Introduction - As the election draws near, private (nongovernmental) employers in Tampa Bay face unique challenges regarding political speech in the workplace. While they have considerable flexibility to regulate political...more

Fisher Phillips

Florida Voters Could Legalize Recreational Cannabis This Fall: Here’s What Employers Need to Know

Fisher Phillips on

Businesses in the Sunshine State should start thinking about how a ballot initiative to legalize recreational cannabis could impact their workplace policies and practices. The Florida Supreme Court recently approved the...more

Fisher Phillips

Recent Rulings Pave Way for More Workplace Bias Claims: 5 Steps for Florida Employers to Reduce Risk of Trial

Fisher Phillips on

Two recent court rulings provide a roadmap for Florida employees and their attorneys to take their claims all the way to trial by building a convincing mosaic of circumstantial evidence. This means that now more than ever,...more

Epstein Becker & Green

Texas Joins Florida in Prohibiting Private Employers From Imposing Vaccine Mandates

Epstein Becker & Green on

On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, which prohibits private employers in Texas from imposing vaccine mandates that require employees and/or contractors to obtain a COVID-19 vaccine....more

Foley & Lardner LLP

States Take Efforts to Limit Protections Afforded by Local Employment Laws

Foley & Lardner LLP on

Employment policies often state that they will be administered in accordance with “applicable federal, state, or local law.” However, when it comes to local law, the second- and third-largest states in the U.S. have acted to...more

FordHarrison

Weapons and the Workplace: What Employers Need to Know about Florida’s New Constitutional Carry Law

FordHarrison on

Executive Summary - For years, a number of Florida’s elected officials have had their sights set on eliminating the statutory requirement that Florida residents obtain a concealed weapons license (“CWL”) to lawfully carry...more

Proskauer - Law and the Workplace

Florida Expands Ban on Vaccination, Testing and Masking Mandates

On May 11, 2023, Governor Ron DeSantis signed into law a “medical freedom” bill (SB 252), which amends and expands the existing Florida statute Section 381.00316, prohibiting businesses from requiring their customers and...more

Fisher Phillips

How Florida’s New Bathroom Law Will Impact Schools, Public Employers, and Businesses

Fisher Phillips on

Florida lawmakers passed a bill on Wednesday that will make it a crime for individuals to use certain bathrooms that don’t align with their gender at birth, raising many questions for schools, public employers, and businesses...more

Nelson Mullins Riley & Scarborough LLP

Florida Gun Law Bars Employers from Conditioning Employment on Carry Authorization

The Florida legislator recently enacted House Bill 543, which authorized concealed carry of weapons or firearms (with or without a license to carry). The law becomes effective on July 1, 2023. Under the law, employers...more

Spilman Thomas & Battle, PLLC

What Florida Employers Can Do When a Union Knocks on Their Door

When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their rights and obligations when dealing with unions to ensure that...more

TNG Consulting

Federal Court Temporarily Enjoins Florida’s STOP WOKE Act

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Two Florida employers and a diversity consultant (“Plaintiffs”) sued for an injunction to halt enforcement of the Individual Freedom Act (IFA), more colloquially known as the STOP WOKE Act. The IFA expanded the definition of...more

Shutts & Bowen LLP

New EEOC Guidance on Covid-19 Testing

Shutts & Bowen LLP on

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance on COVID-19. Below are some highlights of the new EEOC guidance. (1) Employers Can Test Employees if Consistent with Business...more

Wiley Rein LLP

New Florida Law Limits Private Employer Vaccination Mandates; Creates Headaches for Employers Subject to Federal Requirements

Wiley Rein LLP on

What: On November 18, 2021, Florida Governor Ron DeSantis signed Florida HB 1B/SB 2B into law. The law, which took effect immediately, temporarily invalidates all employer policies mandating vaccinations against COVID-19 and...more

Littler

Florida Ban on Requiring Vaccine Passports Banned (For Now)

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Florida employers can require employees to obtain COVID-19 vaccinations, submit records of such vaccination, and implement other safety measures for their workplaces notwithstanding national publicity suggesting that recent...more

Littler

Businesses in the Sunshine State are Prohibited from Requiring Vaccine Passport from Patrons and Customers

Littler on

Vaccine passports—standardized credentials showing proof of vaccination—are gaining momentum in some states as a means of returning to normalcy and allowing businesses to open fully to those who prove they have been...more

Littler

Florida Legislature Imposes High Standard for Claims Against Businesses Based on Damages from COVID-19

Littler on

On March 29, 2021, Governor Ron DeSantis signed into law Florida Statute 768.38, intended to protect businesses, governmental entities, schools and other persons and entities from COVID-19 lawsuits if they made a good-faith...more

Rumberger | Kirk

Medical Marijuana Employee Protection Act: What the Future Could Hold for Florida

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With the passing of the 2016 constitutional amendment and the Legislature’s enacting of statutes implementing the voters’ will, hundreds of thousands of Floridians have become lawful medical marijuana users. Originally...more

Seyfarth Shaw LLP

The Eleventh Circuit Affirmed It Was Not A “Crime” To Not Compensate For Dressing and Drive Time

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The Eleventh Circuit recently affirmed the district court’s grant of summary judgment to two Florida counties in an action brought against former sheriff deputies under the Fair Labor Standards Act (FLSA) and Florida Minimum...more

Bradley Arant Boult Cummings LLP

“But My Doctor Said It Was Cool”: Florida’s New Medical Marijuana Bill and Employment Considerations

Last month, Florida Gov. Rick Scott signed into law a medical marijuana use bill. This was the result of the overwhelming vote (71 percent) in favor of amending the Florida Constitution to allow medical marijuana use as...more

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