Remote’s guide to employing in

Florida
florida flag

Make employment in Florida easy. Let us handle payroll, benefits, taxes, compliance, and even stock options for your team in Florida, all in one easy-to-use platform.

  • Capital City

    Tallahassee

  • Currency

    United States Dollar ($, USD)

  • Population size

    21,800,000

Services available in this country:
Employer of Record ProductPayrollContractor Management
Florida

Facts & Stats

Three palm trees in front of a city skyline across a water body during sunset.
  • Capital City

    Tallahassee

  • Currency

    United States Dollar ($, USD)

  • Population size

    21,800,000

  • VAT - standard rate

    6% (With some exceptions)

With its warm climate, exotic wildlife, and numerous tourist attractions, Florida is known as the Sunshine State for a reason.

There’s more to this famous place than vacations and retirement homes, though. With a rich cultural heritage, a diverse mix of talent, and major economic hubs in the shape of Miami, Tampa, and Jacksonville, Florida is a highly desirable location for businesses and employees alike.

Grow your team in Florida with Remote

If you want to hire in Florida, you’ll need to own a legal entity there — or partner with a global employment solutions provider, like Remote.  

We can employ top talent in Florida on your behalf and manage complex HR tasks such as onboarding, payroll, benefits, and taxes. You can also manage and pay your contractors in Florida through Remote.

Risks of misclassification

Florida, like many other countries, treats self-employed individuals or contractors and full-time employees differently. Misclassification of contractors in Florida may lead to fines and penalties for the offending company.

Employing in Florida

In Florida, workers’ rights are protected by numerous employment and labor laws, at both the state and federal level. As a result, employees enjoy protection from discrimination based on age, religion, sexual orientation, gender, and race.

Here are the key things you need to know about hiring in Florida.

Hours of work in Florida

In Florida, the regulations and edicts around working hours and overtime are primarily covered by the Florida Labor Code.

What is considered full-time employment in Florida?

Full-time employment is generally considered to be between 35 and 40 hours per week, although some companies opt for a 32-hour work week.

Do salary employees get overtime in Florida?

Under the federal Fair Labor Standards Act, non-exempt employees are entitled to overtime pay of 1.5x their regular pay rate if they work more than 40 hours in a week.

Employees are generally (but not always) exempt from overtime if they:

  • Earn more than the specified state or federal exemption threshold

  • Perform a role with duties that are considered executive or managerial

  • Work in a certified or licensed profession, such as law, accounting, architecture, or engineering

In Florida, the salary threshold for exemption is currently $684 per week, which is the federal minimum.

Note that the federal salary threshold for exemption is currently being reviewed in the US.

Minimum wage in Florida

The minimum state wage for private sector employees is currently $12 per hour.

Onboarding timeline in Florida

We can help you get your new employee started in Florida fast, with a minimum onboarding time (MOT) of just 2 working days. Note that the MOT is dependent upon registration with the local authorities, and begins after the employee has submitted all the required information on the Remote platform.

For non-citizens of the US, a work eligibility assessment may be required, and can add three extra days to the onboarding time. If a follow-up is needed, there may be additional delays.

Please note that payroll cut-off dates can impact the actual first day of employment. Remote’s payroll cut-off date is the 10th of the month, unless otherwise specified.

Payroll cycle in Florida

There are no state or federal laws that dictate how often an employee should be paid in Florida.

For Remote customers, employee payments are made twice per month in equal installments, payable in arrears. The first payment is made on the 15th of the month and the second payment is made on the final day of the month. If relevant, bonus payments, commissions, and expense reimbursements are included in the second payment of the cycle.

Effortless HR in Florida: Take the Tour

Seamlessly manage your workforce, from first hire to final paycheck

Competitive benefits package in Florida

Remote can help you craft a competitive benefits package to attract and retain the best global talent. Our benefits experts understand the trends, requirements, and expectations of the Florida labor market, allowing your employees to feel appreciated and thrive.

Our benefits packages in Florida usually include some or all of the following:

  • Pension or 401(K)

  • Medical Insurance

  • Vision Insurance

  • Health Saving Plan (HSA)

  • Long term disability insurance (LTD)

  • Dental Insurance

  • Life Insurance

  • Flexible Spending Account (FSA)

Are employers required to provide health insurance in Florida?

Under the federal Affordable Care Act, organizations with a headcount of 50 or more must offer statutory health insurance to their full-time employees.

Many employers also offer some level of supplemental health insurance. While this can lead to a relative rise in employment costs, it’s an essential benefit that ensures your people have access to routine care and are covered in the event of an emergency. 

Because Remote is the employer of record (EOR), it’s important for us to offer the same core benefits to all employees to ensure fair and non-discriminatory hiring practices. This protects both your business and ours.

Note that we do not add a markup on any benefits premiums or administration costs.

Are employers required to offer 401k in Florida?

No. Organizations are not legally required to offer a 401k retirement plan (or any other qualified savings plan) to their employees. However, they may choose to offer this benefit as part of their overall compensation package.

Taxes in Florida

Employment taxes and statutory fees affect both your payroll and your employees’ paychecks in Florida.

Note that employees may be eligible for additional local taxes in some municipalities.

Employer taxes

Employment Tax

6%

Federal unemployment insurance tax (FUTA) (charged on the first $7,000 an employee earns per year)

0.1% to 5.4%

State unemployment insurance tax (SUTA)

6.2%

FICA (Social security)

1.45%

FICA (Medicare)

Employee taxes

Payroll Tax

10% to 37%

Federal income tax

6.2%

FICA (Social security)

1.45%

FICA (Medicare)

Types of leave

Types of leave in Florida

Vacation

In Florida, there is no state or federal law that requires employers to provide paid or unpaid vacation leave to their employees, although many organizations do.

Sick leave

There are no state or federal laws that require employers to provide paid sick leave to their employees, although many do.

Can an employer deny sick time in Florida?

Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid sick leave per year, provided they:

Have worked for the same employer for at least 12 months

Work in a location where at least 50 people are employed by the company within a 75-mile radius

Parental and maternity leave

Under the FMLA, employees are entitled to up to 12 weeks of unpaid maternity or paternity leave. Some organizations opt to pay a reduced salary during this period.

Bereavement leave

Employers are not legally required to provide bereavement leave to their employees, although most organizations offer unpaid leave.

Jury duty

Employees must report for jury duty if summoned (unless exempt). Jurors are typically “on call” for two weeks.

Do employers have to pay for jury duty in Florida?

No. Private sector employers are not required to pay employees on jury service, but they must provide unpaid leave, and cannot penalize or terminate an employee on jury duty. Some employers provide paid leave.

Military leave

Under federal law, employers must grant leave to employees who are members of the military or the National Guard for military duty or training.

These employees have the right to take time off for their military obligations, and employers are prohibited from discriminating against them based on their military service.

Employment termination

Termination process

Like nearly all US states, Florida is an “at-will” state. This means both employers and employees can end the employment relationship without reason, provided it is legal.

Remote’s legal experts can help you navigate terminations to ensure employees are only let go fairly, negating any potential legal complications.


Severance Pay

Employers and employees are not required to provide notice of termination, unless otherwise stated in the employment contract.

Despite this, it's usually customary for employees to provide two weeks' notice when leaving an organization.

Probation periods

There is no requirement to provide a probation period for employees, although many companies implement internal probation policies. These policies typically involve a formal performance evaluation after a specified period, such as three or six months.