As we move through 2024, Florida employment law plaintiff lawyers must remain vigilant about significant legislative changes that could impact their practice and their clients. This year has brought several updates, particularly with the introduction of new laws and regulations affecting both employers and employees across the state. Here’s an in-depth look at these changes and what plaintiff lawyers should be aware of.

Non-Compete Agreements

The Federal Trade Commission (FTC) has announced a new rule largely prohibiting non-compete agreements, set to take effect in September 2024. This rule aims to enhance competition and increase employee wages, but it faces legal challenges, leaving its future uncertain.

• Scope of the Rule: The FTC's rule prohibits employers from entering into new non-compete agreements with workers, including employees and independent contractors. Existing non-competes for senior executives can remain, but no new agreements can be made with them after the rule's effective date.

• Legal Challenges: A preliminary injunction by a federal court in Texas temporarily prohibits the FTC from enforcing the rule against specific plaintiffs, indicating a potential nationwide injunction.

• Impact on Businesses: If implemented, the rule could boost business formation and innovation, with the FTC estimating a 2.7% annual growth in new businesses and increased worker earnings. Businesses may need to explore alternative protective measures like trade secret laws and non-disclosure agreements.

• What to Look Out For: Plaintiff lawyers should monitor ongoing litigation and court rulings that may affect the rule's implementation. Advising clients on compliance strategies and potential impacts on their business operations will be crucial.

Preemption of Local Employment Regulations

The new employment law bill, CS/HB 433, effective July 1, 2024, centralizes employment regulations at the state level. This preemption prevents local governments from enacting their own employment rules, such as minimum wage or heat exposure standards.

• Simplified Compliance: By centralizing employment regulations, businesses operating in multiple jurisdictions within Florida will face fewer complexities and a more uniform regulatory environment.

• Impact on Local Initiatives: Local governments lose the ability to tailor employment standards to their specific community needs, potentially affecting initiatives aimed at improving worker conditions.

• What to Look Out For: Employers should review and update their employment practices to ensure compliance with state-level regulations. Plaintiff lawyers should be prepared to advise clients on these changes and monitor any state-level legislative updates.

Child Labor Laws

Florida's recent updates to child labor laws, effective July 1, 2024, provide more employment opportunities for minors while ensuring their education and well-being are protected.

• Extended Working Hours: Minors aged 16 and 17 can work more hours, similar to adults, with some restrictions during school sessions.

• Work Schedule Flexibility: The law allows minors to work more than eight hours on Sundays and holidays, even if school is scheduled the next day.

• Compliance: Employers must ensure compliance with both state and federal child labor laws. Violations can lead to fines and legal repercussions.

• What to Look Out For: Plaintiff lawyers should ensure that employers maintain proper documentation and waivers for extended work hours and are aware of the specific restrictions and requirements for minors.

Minimum Wage Increase

Florida's minimum wage increased to $12.00 per hour as of September 30, 2023, with plans to reach $15.00 by 2026.

• Incremental Increases: The minimum wage will rise by $1.00 annually, affecting payroll planning and compliance.

• Legal Recourse: Plaintiff lawyers should be prepared to handle wage dispute cases. Employees have the right to file complaints or take legal action against non-compliant employers.

• What to Look Out For: Both employees and lawyers should stay informed about the scheduled wage increases to ensure ongoing compliance and address any legal issues promptly.

Gender Identity and Pronoun Legislation

Proposed bills could prohibit employers from inquiring about employees' preferred pronouns, potentially conflicting with federal anti-discrimination laws.

• Key Provisions: The proposed bills, such as HB 599, aim to prohibit employers from requiring employees to use preferred pronouns that do not align with an individual's sex assigned at birth.

• Potential Conflicts: The proposed state legislation could conflict with federal laws, such as Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, including gender identity and sexual orientation.

• What to Look Out For: Plaintiff lawyers should monitor the progress of these bills and any legal challenges that arise. Understanding how these laws interact with federal anti-discrimination statutes will be crucial for advising clients.

By staying informed and proactive, plaintiff lawyers can effectively navigate the evolving legal landscape in Florida and advocate for their clients' rights. I continue to be informed and updated on all Florida laws, making it a wise decision to hire me to assist plaintiff employment and civil rights lawyers. I can update them and incorporate innovative solutions into their cases.