Federal & State Regulations | Employment contracts - Florida

State Info

Summary of differences between federal and state regulations

Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.

Florida law has no specific provisions regarding employment contracts and union membership. It does, however, have the following provision regarding contracts.

An employee can not be required to enter into an agreement to waive his or her rights to unemployment compensation benefits, nor agree to pay any portion of the employer’s required contributions. §443.041

Effective July 1, 2022, employers get more protection from employee misclassification claims when taking certain actions during an emergency.

According to the law (SB 542), the following actions, if taken during a public health emergency or a state of emergency, may not be used as evidence for workers to recover lost wages, salary, employment benefits, or other compensation, because an individual has not been properly classified as an employee:

(a) Providing financial assistance to previously engaged individuals who are unable to work because of health and safety concerns.

(b) Directly providing benefits that are related to the health and safety of engaged individuals, including medical or cleaning supplies, personal protective equipment, health checks, or medical testing.

(d) Taking any action, including action required or suggested by any federal, state, or local law, ordinance, order, or directive which is intended to protect public health and safety.