Florida’s employment landscape continues to shift, with several recently passed and proposed policies having significant legal implications for businesses and employees. Two pending measures in Florida are especially worth watching for employers and are representative of other current state- and local-level trends.
The first policy, Miami-Dade’s proposed heat safety ordinance, would impact tens of thousands of jobs and previews ordinances other counties like Broward could soon adopt. Meanwhile, Florida House Bill 49, which would lift restrictions on the employment of 16- and 17-year-olds, could require significant reassessment by Florida businesses of the risks and benefits of hiring those older teenagers as employees.
Heat safety
The deaths of two South Florida agricultural workers from heat-related illnesses amid record-setting temperatures have led many to call for safety measures increasing laborer protections. On Sept. 11, the Miami-Dade County Health Committee responded by voting to approve a heat safety ordinance that could affect approximately 80,000 agriculture and construction workers in the county. The measure is now slated for a vote by the full Miami-Dade Board of County Commissioners at its meeting this Tuesday, Nov. 7.
Broward employers should familiarize themselves with the key elements of this ordinance, as other counties or municipalities may model future ordinances on Miami-Dade’s. Increased attention on heat safety issues could also result in the introduction of similar measures at the state level.
If Miami-Dade’s ordinance is passed as it currently reads, most private employers with agricultural or construction workers in the county will be required to develop outdoor heat exposure safety programs. Minimum requirements would include the provision of sufficient and accessible drinking water, a 10-minute shade break every two hours on days when the outdoor temperature equals or exceeds 95 degrees Fahrenheit, training of supervisors and workers, and distributing a Notice of Employee Rights.
Employers in violation of the ordinance could face civil penalties of up to $2,000 per violation, per day, and be debarred from contracting with Miami-Dade County. The measure further provides a private right of action to employees if they face retaliation for exercising their rights under the ordinance.
It is also worth noting that at the federal level, OSHA released a proposed rule on workplace heat standards in 2021, and while a final rule has not yet been adopted, OSHA has been investigating and enforcing issues of heat safety. More information can be found at: .
Child labor
This year, over a dozen states introduced legislation reducing or removing child labor guidelines. Florida recently followed suit with state Rep. Linda Chaney, R-St. Pete Beach, filing House Bill 49 on Sept. 18, 2023. As of this writing, it is under review in subcommittee.
If passed, this measure would remove Florida’s current restrictions on the hours for which employers can schedule 16- and 17-year-olds to work, meaning children those ages would be permitted to work the same hours as adults, even during the school year.
The bill would also prohibit Florida localities from adopting any ordinance regulating “the presence of minors in public places and establishments” that is more stringent than state curfew laws (Florida Statute 877.22). This portion of the proposed law would, for example, prevent Broward County from indirectly restricting the permitted working hours of teenagers by enacting local curfews for minors that are stricter than the state curfew provisions.
Whether or not this bill becomes law, employers should remember to consult federal labor laws, such as the Fair Labor Standards Act, when it comes to employing anyone under the age of 18. While the Fair Labor Standards Act does not limit the hours of employment for 16- and 17-year-olds, it does restrict their employment in occupations deemed hazardous. Those restricted occupations include meat processing, many jobs in the construction industry, operating or even riding forklifts, most forestry work and power-driven bakery machines. Violations of these restrictions carry penalties of up to $15,138 per underage worker, or up to $68,801 if the underage worker suffers death or severe injury on the job (latter penalty may be doubled for willful or repeated violations).
Due to the way in which federal and state laws on this subject interact, employers must comply with the stricter of the applicable laws on child labor, whether state or federal.
Ruth Vafek is a labor and employment attorney and partner for Berger Singerman. Based in Tallahassee but serving clients across South Florida and the state, Vafek frequently advises businesses on how Florida’s latest labor legislation and policies impact them.
