Recordkeeping-Posters Law Summaries

WHAT THE EMPLOYER MUST DO

Employers in Florida have recordkeeping responsibilities under the state's child labor law, unemployment insurance law, family and medical leave law (state employers only), military leave law (public employers only), access to personnel files law and drug testing law. See RECORDKEEPING below for specific requirements.

Florida employers must display a minimum wage poster (effective January 1, 2007), a child labor poster, an unemployment insurance notice, a fair employment practices notice, a smoking notice, and their drug testing policy. See POSTERS below for specific requirements.

RECORDKEEPING

Child labor. --Employers must provide the Division of Jobs and Benefits with any and all records and documentation required to be kept by Florida's child labor law, rules, or any other federal or state statute regulating employment of minors, immediately upon request for inspection of such records. Where records are kept in a location other than the immediate situs where the request to inspect is made, the employer must immediately notify the division, and must produce the records within two working days so that inspection of the records may take place (Fla Stat, Sec. 450.121; Fla AdminCodeAnn, Rule 38H-14.008).

Partial waivers. --Employers must keep on file a copy of any partial waiver of the restrictions imposed by Florida's child labor law for a minor employee during the entire period of employment for which the waiver applies (Fla AdminCodeAnn, Rule 38H-14.007).

Student learner agreements. --Copies of each student learner agreement must be kept on file by the employer (Fla Stat, Sec. 450.161, as amended by S. 2262, L. 1996).

Certificates of completion of training programs. --Farm operators who employ 14- or 15-year-old workers to drive farm tractors must keep on file for the duration of the minor's employment a certificate of completion by the minor of a training course in tractor operation sponsored by a recognized agricultural or vocational agency (Fla Stat, Sec. 450.061(1)).

Proof of age. --Employers of children must keep on record during the entire period of employment proof of the child's age (Fla Stat, Sec. 450.045). See 10-1500 for the documents that may constitute proof of age.

Prior to employing any person who claims the person's disability of nonage has been removed by the occurrence of one of the events enumerated in 10-1500 , employers must require the employee to produce a certified copy of the document or record that establishes the claimed exemption. Employers must obtain and maintain a copy of this document or record on file during the entire period of employment (Fla AdminCodeAnn, Rule 38H-14.003(2)).

Unemployment insurance. --Employers must keep true and accurate work records.

Retention requirement: employment records must be kept in Florida for five years next following the calendar year for which the services were noted in the records.

Letters, reports and communications from employers or employees to each other or the division, its employees and agents, made in connection with the requirements of the unemployment insurance law, are absolutely privileged and may not be the basis for a slander or libel.

Reports. --Employers may be required to submit sworn or unsworn reports about their employees by the division, the Board of Review or an appeals referee.

Family and medical leave. --Each Florida state agency must keep a complete and accurate record of all authorized leave that is approved (Fla Stat, Sec. 110.219).

Military leave. --Each public agency must keep a complete and accurate record of authorized, approved military leave. The ultimate responsibility for the accuracy and proper maintenance of leave records is with the agency head (Fla Stat, Sec. 110.219).

Access to personnel files. --Public school system employee personnel files must be maintained is a specified manner. A full description of the materials that may be included in a file, how materials may be amplified, notice requirements and an employee's right to challenge materials may be found at 10-8500 (Fla Stat, Sec. 231.291 (2)(a)-(d)).

Health care workers. --A licensed facility may prescribe the content and custody of limited-access records that the facility may maintain on its employees. Such records shall be limited to information regarding evaluations of employee performance, including records forming the basis for evaluation and subsequent actions, and shall be open to inspection only by the employee and by officials of the facility who are responsible for the supervision of the employee. The custodian of limited-access employee records shall release information from such records to other employers or only upon authorization in writing from the employee or upon order of a court of competent jurisdiction. Any facility releasing such records pursuant to this part shall be considered to be acting in good faith and may not be held liable for information contained in such records, absent a showing that the facility maliciously falsified such records. Such limited-access employee records are exempt from Sec. 119.07(1) (public records law) for a period of five years from the date such records are designated limited-access records (Fla Stat, Sec. 395.3025(9)).

The home addresses, telephone numbers, social security numbers, and photographs of employees of any licensed facility who provide direct patient care or security services; the home addresses, telephone numbers, social security numbers, photographs, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are confidential and exempt from Sec. 119.07(1) (public records law) and Sec. 24(a), Art. I of the state constitution. However, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted such access in the furtherance of its statutory duties (Fla Stat, Sec. 395.3025(10), to be repealed October 2, 2004, unless reviewed and saved from repeal through reenactment by the legislature).

The home addresses, telephone numbers, social security numbers, and photographs of employees of any licensed facility who have a reasonable belief that release of the information may be used to threaten, intimidate, harass, inflict violence upon, or defraud the employee or any member of the employee's family; the home addresses, telephone numbers, social security numbers, photographs, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are confidential and exempt from Sec. 119.07(1) (public records law) and Sec. 24(a), Art. I of the state constitution. However, any state or federal agency that is authorized to have access to such information by any provision of law shall be granted such access in the furtherance of its statutory duties. The licensed facility shall maintain the confidentiality of the personal information only if the employee submits a written request for confidentiality to the licensed facility (Fla Stat, Sec. 395.3025(11), to be repealed October 2, 2004, unless reviewed and saved from repeal through reenactment by the legislature).

Drug testing. --Note: Florida has two drug-free workplace laws; one is located in the workers' compensation law and the other relates to public employment only. Both have recordkeeping requirements, as outlined below.

Workers' compensation law. --If an employee's or job applicant's explanation or challenge of a positive test result is unsatisfactory to the employer, a written explanation as to why the employee's or applicant's explanation is unsatisfactory, along with the report of positive result, must be provided by the employer to the employee or job applicant. All such documentation must be kept confidential by the employer and must be retained by the employer for at least one year (Fla Stat, Sec. 440.102(5), as amended by H. 373, L. 1996).

If drug testing is conducted based on reasonable suspicion, the employer must promptly detail in writing the circumstances that formed the basis of the determination that reasonable suspicion existed to warrant such testing. A copy of this documentation must be given to the employee upon request and the original documentation must be kept confidential by the employer and must be retained by the employer for at least one year (Fla Stat, Sec. 440.102(5), as amended by H. 373, L. 1996).

Public employment drug-free workplace law. --If an employee's or job applicant's explanation or challenge of a positive test result is unsatisfactory to the employer, a written explanation as to why the employee's or applicant's explanation is unsatisfactory, along with the report of positive result, must be provided by the employer to the employee or job applicant. All such documentation must be kept confidential by the employer and must be retained by the employer for at least one year (Fla Stat, Sec. 112.0455(8)(l), as amended by Ch. 406, L. 1996).

If testing is conducted based on reasonable suspicion, each employer must promptly detail in writing the circumstances that formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation must be given to the employee upon request; the original documentation must be kept confidential, is exempt from public review, and must be retained by the employer for at least one year (Fla Stat, Sec. 112.0455(7) and (8), as amended by Ch. 406, L. 1996).

Upon resolving an appeal and finding a violation of Florida's public employment drug-free workplace law, the Public Employees Relations Commission may order an employer to expunge related records from the personnel file of the employee or job applicant (Fla Stat, Sec. 112.0455(14)(e)).

Farm labor contractors. --Every farm labor contractor must maintain accurate daily field records for each employee actually paid by the contractor reflecting the hours worked for the contractor and, if paid by unit, the number of units harvested and the amount paid per unit (Fla Stat, Sec. 450.33(11), as added by Ch. 2004-64 (H. 1307), L. 2004).

POSTERS

PLEASE NOTE: Posters are provided for informational purposes only. Many states require posters to be of a particular size, or may require the official poster provided by the regulating agency to be posted, rather than a copy. Please check with the relevant agency to assure proper compliance.

Minimum wage. --Effective January 1, 2007, each employer who must pay an employee the Florida minimum wage shall prominently display a poster substantially similar to the one made available by the Agency for Workforce Innovation (see just below) in a conspicuous and accessible place in each establishment where such employees are employed. (Note: The terms "employer," "employee," and "wage" have the meanings as established under the federal Fair Labor Standards Act) (Fla Stat, Sec. 448.109, as added by Ch. 2006-84 (S. 786), L. 2006, effective January 1, 2007).

Each year, the Agency for Workforce Innovation shall, on or before December 1, create and make available to employers a poster in English and in Spanish which reads substantially as follows:

NOTICE TO EMPLOYEES

The Florida minimum wage is $ (amount) per hour, with a minimum wage of at least $ (amount) per hour for tipped employees, in addition to tips, for January 1, (year), through December 31, (year).

The rate of the minimum wage is recalculated yearly on September 30, based on the Consumer Price Index. Every year on January 1 the new Florida minimum wage takes effect.

An employer may not retaliate against an employee for exercising his or her right to receive the minimum wage. Rights protected by the State Constitution include the right to:

1. File a complaint about an employer's alleged noncompliance with lawful minimum-wage requirements.

2. Inform any person about an employer's alleged noncompliance with lawful minimum-wage requirements.

3. Inform any person of his or her potential rights under Section 24, Article X of the State Constitution and to assist him or her in asserting such rights.

An employee who has not received the lawful minimum wage after notifying his or her employer and giving the employer 15 days to resolve any claims for unpaid wages may bring a civil action in a court of law against an employer to recover back wages plus damages and attorney's fees.

An employer found liable for intentionally violating minimum-wage requirements is subject to a fine of $1,000 per violation, payable to the state.

The Attorney General or other official designated by the Legislature may bring a civil action to enforce the minimum wage.

For details see Section 24, Article X of the State Constitution.

The poster must be at least 8.5 inches by 11 inches and in a format easily seen by employees. The text in the poster must be of a conspicuous size. The text in the first line must be larger than the text of any other line and the text of the first sentence must be in bold type and larger than the text in the remaining lines (Fla Stat, Sec. 448.109, as added by Ch. 2006-84 (S. 786), L. 2006, effective January 1, 2007).

Child labor. --Any person who hires, employs, or suffers to work any minor must post at a conspicuous place on the property or place of employment, where it may be easily read, a poster notifying minors of Florida's child labor law (Fla Stat, Sec. 450.045).

Unemployment insurance. --Employers must post and maintain printed notices informing workers of the employer's status under Florida's unemployment insurance law.

Fair employment practices. --Employers must post conspicuously notices provided by the Florida Civil Rights Commission setting forth information required by the commission (Fla Stat, Sec. 760.10).

Age. --Each public employer must post and keep posted in conspicuous places upon its premises a notice to be prepared or approved by the Department of Labor and Employment Security setting forth information as the department deems appropriate to effectuate the purposes of Florida's public employment age discrimination law (Fla Stat, Sec. 112.044, as amended by Ch. 95-147, L. 1995).

How to order. --To obtain the "Florida Law Prohibits Discrimination" poster, contact the Florida Commission on Human Relations, 2009 Apalachee Pkwy., Suite 100, Tallahassee, FL 32301. Telephone: 1-800-342-8170.

Smoking in the workplace. --The person in charge of an enclosed indoor workplace that prior to adoption of Sec. 20, Art. X of the State Constitution was required to post signs under the requirements of this section must continue to conspicuously post, or cause to be posted, signs stating that smoking is not permitted in the enclosed indoor workplace. Each sign posted pursuant to this section must have letters of reasonable size that can be easily read. The color, design, and precise place of posting of such signs shall be left to the discretion of the person in charge of the premises (Sec. 386.206(1), as amended by H. 63, L. 2003, effective from July 1, 2003, until July 1, 2005).

There are also special posting provisions for airport terminal designated customs smoking rooms, for enclosed indoor workplaces where smoking cessation programs, medical research or scientific research are conducted (Fla Stat, Sec. 386.206(3) and (4), as added by H. 63, L. 2003, effective July 1, 2003), and for stand-alone bars (Fla Stat, Sec. 561.695, as added by H. 63, L. 2003, effective July 1, 2003).

See also 10-2700 .

Drug testing. --Note: Florida has two drug-free workplace laws; one is located in the workers' compensation law and the other relates to public employment only. Both have posting requirements, as outlined below.

Workers' compensation law. --Under Florida's workers' compensation law, a notice of an employer's drug testing policy must be posted in an appropriate and conspicuous location on the employer's premises (Fla Stat, Sec. 440.102(3), as amended by H. 373, L. 1996).

Public employment drug-free workplace law. --Notice of an employer's drug testing policy must be posted in an appropriate and conspicuous location on the employer's premises. Copies of the policy must be made available for inspection by the general public during regular business hours in the employer's personnel office or other suitable locations (Fla Stat, Sec. 112.0455(6)(c)).

Workers' compensation. --

This is a summary of Recordkeeping-Posters Laws in Florida.