Florida Contractors Manual: Labor and Employment Laws

Overview

• The chapter covers labor and employment laws and regulations essential for the Florida business and finance exam.
• Important acts and regulations are highlighted, which are likely to appear on the exam.
• Emphasis on understanding the broad overview and specific details of various acts.

Key Acts and Regulations

Labor Management Relations Act (LMRA)

• Governs the relations between employers and labor unions.
• Prohibits unfair labor practices by employers or unions.
• NLRB administers and prosecutes unfair labor practices.
• Unfair labor practice charges must be filed within 6 months.

Florida Right to Work Laws

• Prohibits collective bargaining agreements requiring union membership as employment condition.
• Florida prohibits union shop, agency shop, and maintenance of membership agreements.

Fair Labor Standards Act (FLSA)

• Sets minimum wage at $7.25/hour and requires overtime compensation.
• Exemption applies to computer employees earning $913/week minimum.
• Overtime pay cannot be waived by agreements.

Compensation and Bonuses

• Computation of Compensation: Understand how to calculate regular and overtime pay.
• Bonuses: Discretionary bonuses are not included in regular rate. Christmas bonuses may be excluded if given as gifts.

Recordkeeping Requirements

• Hard records: 3 years retention (e.g., payroll, contracts).
• Soft records: 2 years retention (e.g., time cards).

Child Labor Restrictions

• Under 15: Cannot be employed in construction.
• 16-17: Restricted from hazardous roles.
• Violations may lead to fines and imprisonment.

Civil Rights and Discrimination

Civil Rights Act of 1964

• Applies to employers with 15+ employees.
• Discrimination complaints must be filed within 300 days.

Age Discrimination in Employment Act (ADEA)

• Applies to employers with 20+ employees.
• EEOC enforces; complaints must be filed within 300 days.

Equal Pay Act

• Lawsuits must be filed within 2-3 years.
• Florida's statute limits back pay to 1 year.

Family and Medical Leave Act (FMLA)

• Applies to employers with 50+ employees.
• Provides up to 12 weeks of unpaid leave.

Americans with Disabilities Act (ADA)

• Defines disability and reasonable accommodation.
• Prohibits pre-employment medical exams.

Other Important Acts

• Davis-Bacon Act: Requires prevailing wage rates.
• Polygraph Protection Act: Limits use of polygraph tests.
• Workers' Compensation Law: Applies to businesses with 4+ employees.

Employment Verification and Immigration

• I-9 Form: Must be completed within 3 days of employment.
• Penalties: Fines for hiring unauthorized aliens.

Reemployment and Unemployment

• Reemployment Tax: Employers liable if $1,500 quarterly payroll or 20 weeks of employment.
• Unemployment Compensation: Weekly benefits based on wages, not exceeding $275/week.
• Recordkeeping: Employers required to keep records for 5 years.

Glossary and Definitions

• Understanding terms like 'tax rates', 're-employment tax', and 'monetary qualifications' is crucial for the exam.

Conclusion

• Focus on highlighted acts, laws, and regulations as they are likely to appear on the exam.
• Review the glossary for definitions that might be tested.