Legal Alerts

2022 Florida Labor & Employment Law Year End Review

Tampa, Fla. (December 21, 2022) – The following are summaries of changes in Florida labor & employment law that occurred in 2022.

Minimum Wage

On September 30, 2022, Florida’s minimum wage increased to $11.00 per hour ($7.98 for tipped employees). It will continue to increase $1 per year until it reaches $15 per hour ($11.98 for tipped employees), after which it will be adjusted annually for inflation. Employers should review their pay scales to ensure they meet the minimum wage obligations and plan on the annual September 30 increases going forward.

Florida’s “Stop WOKE Act”

On Friday, April 22, 2022, Florida Governor Ron DeSantis signed House Bill 7 – known as the “Stop WOKE Act” – into law. “Stop WOKE” stands for “Stop Wrongs Against Our Kids and Employees.” The law prohibits classroom or workplace training and instruction that causes students or employees discomfort over their race, color, sex, or national origin. The Act affects employers because it provides that such instruction constitutes an unlawful employment practice that employees may bring through Florida’s administrative and civil remedial structure.

The law, which went into effect on July 1, 2022, was challenged, and on August 18, 2022, Judge Walker in the federal court for the Northern District of Florida, issued a preliminary injunction blocking the law based on First Amendment considerations. On September 16, 2022, the Governor and Attorney General of the State of Florida filed a Notice of Appeal challenging the decision. Currently, the future of the law is in the hands of the Eleventh Circuit Court of Appeals.

At this stage, since the law cannot be enforced, at least temporarily, employers should be on the lookout for this decision which may halt or revise the current version of the law. In the meantime employers should be aware of the law, and be prepared to update their policies and trainings if warranted. We will keep you updated on any developments at the appeal level

The areas precluded under this law include instruction or training that suggest any of the following:

  1. Members of one race, color, sex, or national origin are morally superior to members of another; or are inherently racist, sexist, or oppressive (whether consciously or unconsciously).
  2. An individual’s moral character or status as either privileged or oppressed is necessarily determined by his or her race, color, sex, or national origin.
  3. People cannot and should not attempt to treat others without respect to race, color, sex, or national origin.
  4. An individual bears responsibility for, or should be discriminated against or receive adverse treatment because of, actions committed in the past by other members of the same race, color, sex, or national origin.
  5. An individual, by virtue of his or her race, color, sex, or national origin, should be discriminated against or receive adverse treatment to achieve diversity, equity, or inclusion.
  6. An individual bears personal responsibility for and must feel guilt, anguish, or other forms of psychological distress because of actions, in which the individual played no part, committed in the past by other members of the same race, color, sex, or national origin.
  7. Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist, or were created by members of a particular race, color, sex, or national origin to oppress members of another.

While much of the legal landscape brought by this new law remains to be seen, Florida employers should consider a second look at their training and instructional materials to prevent employees from bringing an administrative complaint under the law.

BONUS UPDATE! – Local Ordinances

Counties and cities in Florida often pass their own employment-related ordinances that may catch employers unaware. For example, the City of Miami Beach passed the following hair discrimination ordinance.

Miami Beach Bans Race-Based Hair Discrimination

On October 26, 2022, Miami Beach passed an ordinance amending the City’s Code to prohibit discrimination based on the texture or style of a person’s hair. This ordinance applies to hairstyles or textures that are commonly associated with a particular race or national origin, such as hair that is tightly coiled or curled, or worn in locks, cornrows, twists, braids, Bantu knots, or Afros. The ordinance prohibits both discrimination in employment and in public services.

Employers in Miami Beach should review their policies to ensure they do not bar natural or protective hairstyles that are not related to workers’ ability to perform their jobs. These employers may continue to discharge, discipline, or fail or refuse to hire an individual if it is determined that the individual’s hair texture and/or style prevents or impedes their ability to appropriately wear any health or safety equipment, or impairs their ability to safely engage in a particular job or occupation.

HAPPY HOLIDAYS!

We wish all our Florida clients a fabulous holiday season filled with joy and good cheer. May 2023 be a wonderful year for all.

For more information on these developments, contact the authors of this alert. Visit our Labor & Employment Practice page for additional alerts in this area.

Authors:

David S. Harvey, Jr.

Zascha Blanco Abbott

Nicole Vescova

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