Hiring New Employees in Florida: A Legal Guide for Employers

Create a clear job description that outlines the position's responsibilities, required qualifications, and compensation. Ensure the job posting complies with Florida employment laws and does not contain discriminatory language. Florida follows federal anti-discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).

Develop an employment application form that collects necessary information while complying with Florida laws. The application should avoid questions about age, race, religion, national origin, disability, or other protected characteristics. Florida employers may not ask about arrests that did not lead to conviction, and should include a disclaimer that criminal history will only be considered as it relates to the specific job duties.

Interview qualified candidates and select the best fit for the position. Ensure all interview questions comply with anti-discrimination laws. Document the selection process and reasons for hiring decisions to protect against potential discrimination claims.

Draft an offer letter that includes position title, start date, compensation, benefits, and employment classification (full-time, part-time, exempt, non-exempt). In Florida, employment is presumed to be at-will unless specified otherwise, so include an at-will employment statement unless the position is contractual.

If the position requires an employment contract rather than at-will employment, draft a comprehensive agreement that includes terms of employment, compensation, benefits, termination conditions, and other relevant provisions. Florida courts generally enforce employment contracts, but restrictive covenants must be reasonable in scope, geography, and duration.

Create a non-disclosure agreement to protect confidential business information. Under Florida law (§ 542.335, Florida Statutes), confidentiality agreements are enforceable if they are reasonable in time and scope and protect legitimate business interests.

If necessary for the position, draft a non-compete agreement. In Florida, non-compete agreements are governed by § 542.335, Florida Statutes, and must protect legitimate business interests, be reasonable in time (typically 2 years or less) and geographic scope, and be supported by consideration (which can be initial employment for new hires).

Create a form authorizing background checks that complies with the Fair Credit Reporting Act (FCRA) and Florida law. The form must be clear, conspicuous, and separate from other documents. Florida has 'ban-the-box' provisions for public employers but not private employers, who may still inquire about criminal history.

After receiving signed authorization, conduct background checks in compliance with the FCRA and Florida law. If you decide not to hire based on background check results, follow the FCRA's adverse action procedures, including providing pre-adverse action and adverse action notices.

Federal law requires all employers to verify employment eligibility using Form I-9 within 3 business days of employment. The employee must complete Section 1 on or before their first day, and the employer must complete Section 2 within 3 business days. Florida employers must also use E-Verify for public employers and contractors.

Have the new employee complete IRS Form W-4 to determine federal income tax withholding. This is required for all new employees under federal tax law.

Florida does not have a state income tax, so no state tax withholding form is required. However, you should document this for your records.

Florida law requires employers to report all newly hired or rehired employees to the Florida New Hire Reporting Center within 20 days of their hire date. This can be done online through the Florida Department of Revenue website.

If not already registered, register with the Florida Department of Revenue for reemployment tax (formerly unemployment tax). All Florida employers must pay this tax if they have paid at least $1,500 in wages in a calendar quarter or had at least one employee for any portion of a day in 20 different weeks.

Florida law requires employers with four or more employees (either full-time or part-time) to have workers' compensation coverage. Construction industry employers must have coverage if they have one or more employees. Agricultural employers with six or more regular employees or 12 or more seasonal employees must also have coverage.

Create a form for employees to authorize direct deposit of their paychecks. In Florida, employers cannot require direct deposit as the only method of payment unless an exception applies (such as for certain financial institutions).

Create a form to collect emergency contact information from the new employee. While not specifically required by Florida law, this is a best practice for workplace safety and emergency preparedness.

If offering benefits such as health insurance, retirement plans, or other voluntary benefits, prepare the necessary enrollment forms. Ensure compliance with ERISA, COBRA, and other applicable federal laws governing employee benefits.

Provide the new employee with your company's employee handbook, which should include policies on anti-discrimination, anti-harassment, leave policies, workplace safety, and other important information. Florida employers should include policies on Florida-specific laws such as domestic violence leave (for employers with 50+ employees) and voting leave.

Ensure all required federal and Florida-specific workplace posters are displayed in a prominent location. These include federal posters (minimum wage, FMLA, OSHA, etc.) and Florida-specific posters (Florida minimum wage, reemployment assistance, workers' compensation, and discrimination).

Provide comprehensive orientation for the new employee, covering company policies, safety procedures, benefits, and other important information. Document the orientation to demonstrate compliance with training requirements.

Add the new employee to your payroll system, ensuring proper tax withholding. Florida has no state income tax, but you must withhold federal income tax, Social Security, and Medicare taxes. Ensure compliance with the Florida minimum wage ($12.00 per hour as of September 30, 2023, increasing to $13.00 on September 30, 2024).

Create a personnel file for the new employee that includes all employment documents. Under Florida law, employees have the right to inspect their personnel files. Keep medical information in a separate, confidential file to comply with ADA and HIPAA requirements.