Employer of Record for Florida

Guide to Hiring Employees in Florida

Your guide to hiring employees in Florida, covering employment and labor laws, payroll, benefits, onboarding and taxes. You can also manage and pay your contractors in Florida through Playroll.

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Capital City

Tallahassee

Timezone

EST

(

GMT -5

)

Paid Leave

No legal requirement

Income Tax

0%

Employer Tax

9.5% - 12.8%

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How to Hire Employees In Florida

Hiring in Florida for the first time can be challenging, especially with the state's complex employment laws. Whether you're hiring independent contractors, setting up a legal entity, partnering with a PEO, or using an Employer of Record (EOR), it's essential to understand the local employment landscape. Playroll's comprehensive guide is here to help, whether you're onboarding local talent or relocating team members.

Here are four primary ways companies can hire employees in Florida:

  • Establishing a local entity: Creating a legal entity in Florida allows for direct hiring, but it can be costly and time-consuming. However, it gives you full control over employment and reduces risk exposure.
  • Partnering with an Employer of Record (EOR): An EOR, like Playroll, takes on the legal responsibilities of employment, acting as the employer on your behalf. This option streamlines hiring, payroll, and compliance with Florida’s labor laws, helping you hire in Florida without navigating the complex legal landscape yourself.
  • Working with a Professional Employer Organization (PEO): A PEO, such as Playroll, co-employs your team, managing essential HR functions like payroll, benefits, and compliance. Partnering with a PEO ensures you meet Florida’s labor regulations while offering competitive employee benefits.
  • Hiring independent contractors: Hiring independent contractors can be more cost-effective, but Florida has strict contractor classification rules. Proper classification is essential to avoid penalties for misclassification when hiring in Florida.

Complying with Florida specific employment regulations and federal laws is critical to avoiding legal risks and costly fines. Our guide focuses on hiring in Florida, employment compliance, and how Playroll’s services can support your business as you navigate the complexities of hiring in the state.

Good To Know

Employees cannot be required to join a union as a condition of employment, giving more flexibility in workforce dynamics.

There is no personal income tax, making it an attractive location for higher take-home pay.

The labour market spans tourism, healthcare, and tech, offering a rich pool of varied skills for employers.

Key Things to Know About Hiring in Florida

Do I need an EIN or Payroll Tax Number to Employ in Florida?

Yes, employers must obtain a Federal Employer Identification Number from the IRS to hire employees.

Working Hours In Florida

There are no specific regulations on the number of hours an adult employee can work per day or week. However, under the federal Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay at a rate of 1.5 times their regular pay for hours worked over 40 in a workweek. Employers are not required to provide meal or rest breaks for adults; if they do, breaks under 20 minutes are paid, while meal periods of 30 minutes or more can be unpaid if the employee is relieved of all duties.

What Is Considered Full-Time Employment In Florida?

Employees working 35 to 40 hours per week are regarded as full-time employees.

Probation Period In Florida

Not mandated by state law. 

Florida Employment Laws for Hiring

Minimum wage in Florida

A minimum of $13 per hour across the state with no regional variations. 

Florida Anti-Discrimination Laws

The Florida Civil Rights Act of 1992 prohibits employment discrimination based on race, colour, religion, sex, pregnancy, national origin, age, handicap, or marital status. Employers are prohibited from engaging in discriminatory practices in hiring, firing, promotion, compensation, and other terms and conditions of employment.

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Onboarding New Hires in Florida

We can help you get your new employee started in Florida fast, with a minimum onboarding time from just 1-2 working days. Note that the timeline is dependent upon registration with the local authorities, and begins after the employee has submitted all the required information on the Playroll platform.

For non-citizens of the US, a work eligibility assessment may be required, and can add three extra days to the onboarding time. If a follow-up is needed, there may be additional delays.

Please note that payroll cut-off dates can impact the actual first day of employment. Playroll’s payroll cut-off date is the 10th of the month, unless otherwise specified.

Payroll Services For Florida

There is no specific law mandating a particular payroll frequency. Employers have the flexibility to establish their own payroll schedules, commonly opting for weekly, bi-weekly, or monthly pay periods.

Looking to grow your team in Florida?

Stay Compliant: Navigate Florida’s complex labor laws with ease.

Affordable Solution: Reduce costs with a budget-friendly EOR option.

Top-Tier Benefits: Access competitive Florida and federal employee benefits for a stronger team.

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Overview of Employment Taxes in Florida

Employer Tax Contributions

Employment Tax TypeTax Rate
Social Security TaxAs per federal regulations
Medicare TaxAs per federal regulations
Federal Unemployment TaxAs per federal regulations

Employee Payroll Tax Contributions

Employee Payroll Tax ContributionTax Rate
Social Security TaxAs per federal regulations
Medicare TaxAs per federal regulations
Income Tax0

Tax Due Dates in Florida

In Florida, individuals are only required to file federal income tax returns, typically due by April 15, as there is no state income tax. Employers must file the Reemployment Tax (Form RT-6) quarterly.

Pension in Florida

Private employers are not required by state law to offer pension plans to their employees. 

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The tax-related information provided in this guide is intended for general guidance and informational purposes only. Reach out to our dedicated team for insights on remote hiring in Florida tailored to your needs.

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Benefit Requirements for Employers in Florida

Employers must navigate various benefit requirements to ensure compliance and foster a supportive work environment.

Are employers required to provide health insurance in Florida?

In Florida, there is no state-level mandate requiring individuals to have health insurance. The federal individual mandate, which imposed a penalty for not having health coverage, was effectively eliminated in 2019. Consequently, Florida residents are not subject to any penalties for being uninsured. However, the federal Affordable Care Act (ACA) applies: i.e. employers with 50 or more full-time employees nationwide are required to provide health insurance that meets minimum essential coverage standards. 

Do part-time employees get benefits in Florida?

In Florida, employers are not legally required to provide benefits such as health insurance, paid time off, or retirement plans to part-time employees. Only federal benefits (such as minimum wage, overtime pay and workers compensation) apply. 

Are employers required to offer 401k in Florida?

In Florida, offering a 401(k) is not mandatory, but it's common among employers as a retirement benefit. A 401(k) allows employees to save pre-tax income, with many employers providing matching contributions.

It’s Easy To Manage Benefits For Employees In Florida With Playroll

Paid and Unpaid Leave Policies in Florida

Is vacation leave mandatory in Florida?

Not mandated by state law. But 10-15 days are common practice. 

What are Mandatory Leave Entitlements in Florida?

Type of LeaveTime PeriodMandatoryPay StatusEligibility Criteria
Annual LeaveEmployer definedNoUnpaid unless offered as a benefitNot mandated; employer discretion on policy
Maternity LeaveAs stipulated by federal FMLA legislationNoUnpaidAs stipulated by federal FMLA legislation
Paternity LeaveAs stipulated by federal FMLA legislationNoUnpaidAs stipulated by federal FMLA legislation
Sick LeaveEmployer definedNoPaid (Full)Not mandated; employer discretion on policy
Military LeaveDuration of active duty or trainingYesUnpaid (with job protection)Member of the military reserves or National Guard
Jury DutyThe expected duration of the jury service.YesUnpaid (may vary by employer policy)Applies to all employees called by the Jury
Family and Medical Leave For Domestic ViolenceUp to 3 weeks per 12-month periodYesUnpaidApplies to employers with at least 50 employees.

Paid Time Off in Florida

In Florida, employers are not legally required to provide paid time off (PTO), including vacation or sick leave. However, if an employer chooses to offer PTO, they must comply with their own established policies. Florida allows employers to set policies regarding accrual, usage, and payout of PTO, and "use-it-or-lose-it" policies are permitted unless otherwise specified in a written agreement.

Maternity Leave In Florida

In Florida, there is no state-mandated maternity leave. Employees rely on the federal Family and Medical Leave Act (FMLA), which provides unpaid, job-protected leave for eligible employees to care for a newborn, adopted child, or newly placed foster child. If FMLA doesn’t apply, any maternity leave would depend on the employer’s policies. Some companies may offer paid maternity leave voluntarily as a benefit.

Paternity Leave In Florida

In Florida, there is no state-mandated paternity leave. Eligible employees may qualify for unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA) to care for a newborn, adopted child, or newly placed foster child. If FMLA doesn’t apply, any paternity leave would depend on the employer’s specific policies, as Florida law does not provide additional leave requirements for paternity.

Sick Leave In Florida

Employers are not required to offer paid or unpaid sick leave. Providing sick leave is at the discretion of the employer, although many employers choose to include it as part of their benefits packages.

Military Leave in Florida

Under the Uniformed Services Employment and Reemployment Rights Act, employees who serve in the military reserves or National Guard are entitled to unpaid leave for military duty or training. This law guarantees job protection and reemployment rights upon the employee's return.

Jury Duty in Florida

Employers are required to allow employees time off for jury duty, although it is not mandated to be paid. Employers cannot penalise employees for taking time off to fulfil this civic duty, ensuring job protection during their jury service.

Employment Termination Protocols in Florida

Termination Process in Florida

In Florida, employment is "at-will," so employers can terminate employees at any time, except for illegal reasons like discrimination or retaliation. Final pay must follow the regular payroll schedule, and severance isn’t required unless specified by company policy. Terminated employees may qualify for unemployment if not fired for misconduct.

Notice Period in Florida

In Florida, employers are not legally required to give notice before terminating an employee, as it is an "at-will" employment state. However, notice requirements may apply if specified in an employment contract or company policy.

Severance in Florida

In Florida, employers are not required by law to provide severance pay upon termination. If severance is offered, it is typically based on company policy, an employment contract, or a mutual agreement made at the time of termination.

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Employer of Record for Florida

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FAQS

FAQs About Hiring In Florida

What is the minimum wage in Florida?

As of January 1, 2024, Florida’s minimum wage rates are:

  • $13.00 per hour.
  • Applies across all sectors.
  • Scheduled to increase to $15.00 per hour by 2026, with adjustments thereafter.

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