Three Employment Laws Every Miami Employer Must Know
Every Miami employer should be aware of and in compliance with the following federal employment and anti-discrimination laws at all times:
Title VII of the 1964 Civil Rights Act
Title VII of the Civil Rights Act of 1964, sometimes known simply as Title VII, concerns the hiring process as well as day-to-day business operations. According to Title VII, employers are prohibited from discriminating against employees on the basis of race, color, national origin, religion, or gender in all phases of employment. This law applies to the recruitment and hiring process for prospective employees, promotion, and advancement opportunities for current employees, and employee termination criteria.
Employers comply with Title VII by making employment decisions on the basis of legitimate business reasons rather than basing decision upon membership of a particular candidate or employee in a protected class.
Fair Labor Standards Act (FLSA)
Typically referred to as the FLSA, the Fair Labor Standards Act establishes that employers must comply with minimum wage and overtime requirements. The FLSA establishes a federal minimum wage but some states may have their own wage and hour laws that are more detailed. Florida has a minimum wage law. At this time, the federal and Florida minimum wage rate is the same. The current federal and Florida minimum wage rate is $7.50
Certain categories of employees do not have to be paid at an hourly rate (minimum wage or more). However, in order to qualify as a salaried employee, certain requirements must be met, which relate to the duties and responsibilities of the position.
In addition to minimum wage and overtime requirements, there are certain provisions
limiting child labor.
Employers who engage in interstate or foreign commerce and employees whose gross yearly sales total or exceed $500,000 must comply with the FLSA.
Americans with Disabilities Act (ADA)
The ADA protects current and prospective employees from discrimination on the basis of disability status. The most important aspects of the ADA include the following:
- The Act defines a disability as a physical or mental impairment that substantially limits one or more of major life activities.
- The ADA prohibits employers from discriminating against individuals with a disability.
- The ADA requires employers to provide a reasonable accommodation for employees with a disability. This determination is made on a case-by-case basis based upon the disability and accommodation requested.