Florida - Workers’ Rights

Definition of agricultural worker under state law:

• Florida state law defines “migrant or seasonal farmworker” as: “(38) Any person employed in hand labor operations in planting, cultivation, or harvesting agricultural crops.” (Fla. Stat. § 450.181, Fla. Stat. § 316.003)
• Farm labor contractors – Florida requires farm labor contractors operating in the state to obtain a state, as well as a federal, certificate of registration.  (Fla. Stat. §§ 450.27, et seq.,)
• For purposes of workers’ compensation, the term ‘agricultural labor’ is defined at Fla. Stat. § 440.02(c)(2).

Wages and Overtime

Minimum Wage

• Florida has a state minimum wage law. (Fla. Const. Art. X, § 24, Fla. Stat. § 448.110)
• The current state minimum wage is $8.65/hour.
• The state’s hourly minimum wage is scheduled to rise $1 annually every Sept. 30 until it reaches $15 on Sept. 30, 2026.
• Effective Sept. 30, 2022, Florida’s hourly minimum wage is $11. Subsequently, the state’s hourly minimum wage is scheduled to rise to:
  • $12 on Sept. 30, 2023;
  • $13 on Sept. 30, 2024;
  • $14 on Sept. 30, 2025; and
  • $15 on Sept. 30, 2026.
• Beginning in 2027, the state minimum wage will be annually adjusted based on changes to the consumer price index, and the increased minimum wage will go into effect on the following Jan. 1.
• There are multiple wage rates for different occupations such as tipped workers.
• The minimum wage provision is implemented through the Florida Minimum Wage Act, which has several procedural requirements that must be met before filing suit. (Fla. Stat. § 448.110(6))
• Agricultural worker coverage is co-extensive with FLSA. Agricultural workers exempt from FLSA are also exempt from the Florida minimum wage law.

Overtime

Florida has no state law regarding overtime pay.

State Enforcement Agency

Federal Enforcement Agency:

U.S. Department of Labor – Florida offices

Website: https://www.dol.gov/whd/local/#stateDetails 

*Florida has no state agency that enforces wage and hour laws, but the DOL has several regional offices in Florida.  Wage claims involving farm labor contractors may be enforced through the Florida Department of Business and Professional Regulation.

Occupational Safety and Health

Workers’ Compensation

• Agricultural workers are covered by the state workers’ compensation law, but with some exceptions. Florida state law does not require workers’ compensation coverage if employers have five or fewer regular employees and fewer than 12 other employees at one time for seasonal agricultural labor that is completed in less than 30 days, provided such seasonal employment does not exceed 45 days in the same calendar year.  (Fla. Stat. Ann. § 440.02(c)(2) (2009))

State Enforcement Agency:

Florida Division of Worker’s Compensation

Website: https://www.myfloridacfo.com/division/wc/Employee/amicovered.htm#p2  

Relevant forms: https://www.myfloridacfo.com/Division/WC/PublicationsFormsManualsReports/Forms/Default.htm

Field Sanitation

• Florida has a state law regarding field sanitation. (Fla. Stat. § 381.0086(1)) 
• For agricultural locations in which 5 to 10 farmworkers are performing hand-labor, specific regulations exist regarding access to toilet facilities, handwashing units, and drinking water. (Fla. Admin. Code R. 64E-14.016)

State Enforcement Agency:

Department of Health

Website: http://www.floridahealth.gov/

Pesticide Safety

• There is a state law regarding pesticide safety in agriculture. (Fla. Stat. §§ 487.011-487.175 and Fla. Stat. § 487.2011–487.2071)
• Suspected pesticide poisoning is a reportable illness for health care providers. Pesticide poisoning is required to be reported by physicians and health professionals within one business day. 

State Enforcement Agency: 

Department of Health, Pesticide Exposure Surveillance Program 

Website: http://www.floridahealth.gov/environmental-health/pesticide-poisoning/index.html

Relevant Forms: http://www.floridahealth.gov/diseases-and-conditions/disease-reporting-and-management/_documents/reportable-diseases/_documents/practitioner-disease-report-form.pdf

Right to Join Unions and Collective Bargaining in Agriculture

• The Florida Constitution (Article I, Section 6) contains a ‘right to work’ provision, but also provides that the right to work may not be denied or abridged because of a workers’ membership in a union.  Florida law also provides that employees have the right to form and join unions. (Fla. Stat. § 447.03).
• There is no state statute that expressly grants agricultural workers the right to join and organize labor unions free from retaliation (such as being fired, demoted or disciplined).
• There is no state statute that creates a right of agricultural workers and their unions to engage in collective bargaining with agricultural employers. 

• There are no rules or enforcement mechanisms that regulate collective bargaining in agriculture and there is no statutorily created agency for farmworkers to enforce these rights.

State Legal Services Organizations

Florida Legal Services, Inc., Immigrant and Migrant Rights Project

http://www.floridalegal.org/

Florida Rural Legal Services

https://www.frls.org/services/farmworker/