Page 67 - Akerman | 2016 Guide to Doing Business in Florida

6.2 Federal Employee Benefits Regulations

6.2.1 Employee Retirement Income Security Act of 1974 (“ERISA”).
ERISA governs implementation and maintenance of most types of employee benefit plans,
including most retirement programs, life and disability insurance programs, medical
reimbursement plans, healthcare plans, and severance policies. ERISA sets out a detailed
regulatory scheme mandating certain reporting and disclosure requirements, setting forth
fiduciary obligations and, in most types of retirement plans, coverage, vesting and funding
requirements. ERISA generally preempts state laws governing employee plans and
arrangements.

6.2.2 Consolidated Omnibus Budget Reconciliation Act (“COBRA”).
COBRA requires employers to make continuing coverage under medical reimbursement and
healthcare plans available to certain terminated employees, at the cost of the employees. The
usual period for which this coverage must be continued is eighteen months. COBRA contains
very specific procedures for notifying terminated employees of their COBRA rights.

6.3 State Labor and Employment Considerations

6.3.1 Florida Civil Rights Act (“FCRA”).
FCRA is patterned after Title VII and protects employees against discrimination based on the
same protected status as protected by Title VII, as well as: marital status unless the employer
has instituted an anti-nepotism policy; individuals with AIDS/HIV or who are perceived to have
such conditions; and individuals with sickle-cell traits. Like Title VII, FCRA applies to employers
engaged in interstate commerce who have 15 or more employees for each working day in
each of 20 or more calendar weeks in the current or preceding calendar year.

6.3.2 Florida Minimum Wage Act.

Effective January 1, 2016, Florida’s minimum wage is $8.05 per hour. The Florida Minimum
Wage Act applies to all employers who are covered by the FLSA. The Florida Department of
Economic Opportunity is required to calculate a new minimum wage annually and publish the
new minimum wage each January 1.

6.3.3 Whistleblower Laws.
Florida laws prohibit both private sector and public sector employers from discriminating or
retaliating against employees who have objected to the employer’s violation or a law, rule, or
regulation; refused to participate in such violations; or threatened to disclose such violations to
a governmental agency. Florida’s private sector whistleblower act applies to all private
employers with 10 or more employees. Florida’s public sector whistleblower act applies to all
public agencies, regardless of the number of employees.

6.3.4 Florida Worker’s Compensation Anti-Retaliation Provision.
This statute prohibits all employers from terminating an employee’s employment in retaliation for
filing a worker’s compensation claim.

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