Florida’s Work Rule Changes Permit Some Minors To Work Longer Hours, Set New Minimum Age For One Industry

Tampa, Fla. (April 8, 2024) - On March 22, 2024, Florida Governor Ron DeSantis signed into law new work rules for minors in Florida. See Fla. Stat. § 450.081. The most significant changes, which take effect July 1, 2024, include:

16- and 17-year-olds are permitted to work more than 30 hours a week while school is in session with a waiver from parents, legal guardians, and/or school superintendents
Previously 16- and 17-year-olds could not work more than 30 hours a week when school was in session
16- and 17-year-olds are permitted to work shifts exceeding eight hours on Sundays and holidays regardless of whether school is in session the following day
Previously 16- and 17-year-olds could not work shifts exceeding eight hours when school is scheduled the following day
16- and 17-years-olds who work eight hours or more per day must receive at least a 30- minute lunch break after four hours worked
Previously 16- and 17-year-olds were required to have a 30-minute lunch break within four hours worked
Homeschooled and virtual schooled 16- and 17-year-olds may work without any of the hour limitations Florida places on minors including during the normal school day.
Previously, all minors were prohibited from working during “regular school hours,” thus precluding homeschooled and virtual schooled students from working while public school was in session

PRACTICE NOTES:

The changes do not apply to 14- and 15-year-old minors, who continue to be subject to severe restrictions on the types of duties and hours worked
Care should be taken to ensure proper waivers are obtained and retained when employing minor

New Minimum Age for Adult Entertainment Industry

Additionally, Florida’s adult entertainment industry is now subject to new restrictions as to who may be employed. See Fla. Stat. § 787.30. Florida previously permitted an adult entertainment establishment to employ 18-year-olds. Effective July 1, 2024, the minimum age is 21. Adult entertainment establishments include adult bookstores, theaters, special cabarets, and unlicensed massage establishments. .

PRACTICE NOTE:

The statutory language precludes employers using the employee’s misrepresentation of their age as a defense when accused of unlawfully employing persons under 21.

For more information about these changes, contact the author of this alert. Visit our Labor & Employment Practice page for more information on our capabilities in this area.

Authors:

David S. Harvey, Jr. - Partner

Caitlin Polcaro