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Florida Employment Law for Employers: A Practical, Miami-Dade–Focused Guide to Hiring, Managing, and Letting Go—Without Landmines

Author: Yoel Molina, Esq., Owner and Operator of the Law Office of Yoel Molina, P.A.​

30 October 2025

Florida Employment Law for Employers: A Practical, Miami-Dade–Focused Guide to Hiring, Managing, and Letting Go—Without Landmines

 

Running a team in South Florida is rewarding—and risky. One rushed hire, a sloppy termination, or an unclear policy can turn into a wage claim, discrimination charge, or a social-media storm that drains time and money. I’m Attorney Yoel Molina. Our firm serves employers across Miami-Dade and Florida as outside general counsel for day-to-day employment questions and high-stakes moves. This guide gives you a practical, business-first framework to spot issues early, document them well, and resolve them quickly.
 

Who This Guide Is For

 

  • Small and mid-size employers building or rebuilding HR foundations
  • Founder-led companies hiring their first managers or scaling to multiple locations
  • Hospitality, construction, logistics, professional services, healthcare, e-commerce, and tech companies that need fast, plain-English answers
  • Employers facing a specific problem—poor performance, harassment complaints, pay disputes, accommodation requests, or a tricky termination
 

Executive Checklist (Start Here)

 

  • A current, Florida-ready Employee Handbook (English + Spanish if helpful) that matches how you actually operate
  • Clean wage-and-hour practices (timekeeping, overtime, breaks where applicable, tip credits/service charges if in hospitality)
  • Proper classification of employees vs. independent contractors; exempt vs. non-exempt employees
  • Signed onboarding packet for every hire (offer letter, IP/confidentiality, consent forms, handbook acknowledgment, I-9 documentation)
  • A simple, fair discipline/termination process with documentation and a final-pay checklist
  • Role-appropriate restrictive covenants (NDA, non-solicit, and when justified under Florida law, non-compete) plus a repeatable off-boarding script
  • Safety and harassment-free workplace: anti-harassment policy, reporting channels, prompt investigations, and documented training
  • Up-to-date leave and accommodation practices (pregnancy, disability, religion) with consistent, individualized assessments
  • E-signature + HRIS hygiene: keep records organized, secure, and exportable for audits or investigations
  • A named outside counsel you can call before you act—not after
 

Hiring Right: Offers That Protect You

 

Job posts: Focus on essential duties and lawful requirements; avoid language that looks like promises (“guaranteed overtime,” “permanent job”). Interviews: Train managers to avoid risky questions (age, family plans, medical history). Stick to ability to perform essential functions. Offer letters: State at-will employment, pay structure (hourly/salary), pay cycles, start date, contingency items (I-9, background checks, licensing), and any bonus plan as “discretionary” with a short, clear summary of rules.
 
Onboarding packet:
  • I-9 and work authorization verification on time
  • Handbook acknowledgment
  • Confidentiality/IP assignment (so the company—not the employee—owns work product)
  • Arbitration/mediation agreements (if appropriate for your business strategy)
  • Consent to electronic notices and timekeeping
 
Bilingual reality: In Miami-Dade, many teams are bilingual. If you give a Spanish version of the handbook or policies for clarity, specify English controls in a dispute, while committing to keep both versions aligned.
 

Pay Practices: Where Most Claims Start

 

Exempt vs. non-exempt: Title isn’t destiny. Duties and pay determine exemption. Mistakes here trigger expensive overtime claims. Timekeeping: Require accurate clock-in/clock-out (including remote work). Prohibit off-the-clock work clearly and enforce it. Overtime: Pay properly for hours over the legal threshold for non-exempt. If you use tip credits or service charges, ensure your math and notices are correct and consistent. Deductions: Only take lawful deductions and never reduce overtime rates below legal minimums by deductions or chargebacks. Commission/bonus plans: Put the plan in writing: how it’s earned, when it’s paid, clawbacks, proration at separation, and what happens with returns/chargebacks. Recordkeeping: Save time, pay, and schedule records per legal retention periods. In audits or wage disputes, your documents win.
 

Culture, Conduct, and Complaints: Prevent, Then Respond

 

Harassment & discrimination:
  • Zero-tolerance policy with multiple reporting channels (not just “tell your supervisor”).
  • Annual training tailored to your industry and workforce (front-of-house, field crews, remote staff).
  • Prompt, impartial investigations with written findings and proportionate corrective action.
 
Retaliation: The fastest way to turn a small issue into a big case. Any complaint about harassment, wages, safety, or discrimination triggers anti-retaliation duties. Train managers: no schedule cuts, threats, or knee-jerk terminations connected to a complaint.
 
Social media & devices:
  • Set reasonable rules for brand protection, confidentiality, and respectful conduct.
  • Clarify privacy limits on company devices and accounts.
  • Keep rules neutral—don’t restrict lawful off-duty conversation about wages or working conditions.
 

Disability, Pregnancy, and Religious Accommodation

 

  • Ask for what you’re allowed to ask: focus on job-related limitations and necessary accommodations, not diagnoses.
  • Use the interactive process: explore reasonable options (schedule tweaks, equipment, brief leave, remote work where feasible).
  • Document each step: request, discussion, trial period, outcome.
  • Treat pregnancy-related limitations and religious practices with the same individualized, good-faith approach you use for disabilities.
 

Discipline and Termination—Without Drama

 

Before discipline: Separate performance from misconduct; coach early; set specific expectations with deadlines. Progressive steps: Verbal → written → final warning, unless severe misconduct justifies skipping steps. Documentation: Facts, dates, metrics, witnesses; avoid editorial comments.
 
Terminations:
  • Check any protected factors (complaint filed, medical leave, pregnancy, accommodation request). If present, consult counsel—your timing and phrasing matter.
  • Prepare a final-pay plan and a neutral reference policy.
  • Collect assets and disable access the same day; keep calm, short, and respectful.
  • Consider a severance agreement with a release tailored to Florida and federal law for higher-risk separations.
 

Contractors, Temps, and Subcontractors

 

Independent contractors: If they look and act like employees, you carry the risk (wage claims, tax exposure, workers’ comp). Use a real contractor test—control, equipment, opportunity for profit/loss, multiple clients. Pair contracts with reality: separate email, tools, and schedule control. Staffing agencies: Your contract should allocate risk (indemnity, insurance, background checks), require legal compliance, and give you audit rights. Subcontractors on job sites: Flow down your safety and harassment standards; require certificates of insurance naming you as additional insured where appropriate.
 

Trade Secrets, Customers, and Post-Employment Risk

 

  • Every knowledge-bearing employee should sign NDA + IP assignment.
  • Use non-solicitation and, when justified, non-competition agreements tailored to role, geography, and duration under Florida law.
  • Off-boarding script: reminder letter of obligations, return/deletion certificate for devices and data, immediate access cutoff, and a calm message about what they can and can’t do.
 

Investigations: How to Do Them Fast and Fair

 

  • Intake: Capture the complaint in the employee’s own words; clarify dates and witnesses.
  • Plan: Decide who to interview and in what order; preserve relevant documents and messages right away.
  • Interviews: Neutral tone, open questions, take contemporaneous notes.
  • Findings: Decide on credibility and policy impact; apply consistent discipline or corrective action.
  • Closeout: Inform the complainant (to the extent appropriate) that the matter was addressed; monitor for retaliation.
 

Miami-Dade Realities You Should Anticipate

 

  • Bilingual worksites: Provide key notices and policies in the language your team understands; maintain an English-controlling version for legal clarity.
  • Hospitality & construction schedules: Build predictable overtime and rest patterns to avoid chronic fatigue risks and wage claims.
  • Storms and closures: Create a written plan for weather shutdowns, premium pay decisions (if any), make-up shifts, and remote work where possible.
  • Local enforcement programs: Be prepared to document hours and pay if a government agency or mediator requests records in a wage complaint.
 

A Simple 30-Day HR Tune-Up

 

Days 1–7: Rapid audit—handbook, offer templates, pay plans, timekeeping, and active disciplinary matters. Days 8–14: Fix the big rocks—update handbook, tighten timekeeping and overtime rules, standardize offers and job descriptions, roll out harassment reporting options. Days 15–21: Train managers—how to interview, document, coach, escalate, and close files; how to handle complaints without retaliation. Days 22–30: Implement off-boarding and restrictive covenant workflows; schedule quarterly HR check-ins; align insurance (EPLI/cyber) with real risks.
 

Red Flags That Mean “Call a Lawyer First”

 

  • You’re considering firing someone who just complained, requested leave, or revealed a medical/pregnancy issue
  • Pay practices you “inherited” (tip pools, day rates, piece rates, or all-salary cultures) that don’t quite match the law
  • A manager wants to dock pay for damaged equipment or uniforms
  • An alleged harassment incident with conflicting stories and no witnesses
  • You want to enforce a non-compete or non-solicit—or you just hired someone who is bound by one
  • A government notice lands: wage claim, agency charge, audit, or subpoena
 

What Working With Us Looks Like

 

At the Law Office of Yoel Molina, P.A., we act as outside general counsel for Florida employers.
We:
  • Draft and refresh handbooks, offer letters, commission/bonus plans, and restrictive covenants tailored to your roles
  • Build timekeeping and overtime systems that stand up in disputes
  • Investigate harassment and retaliation complaints quickly and fairly
  • Guide discipline and terminations, including severance and release agreements
  • Defend and resolve wage and discrimination claims, and manage agency responses
  • Train managers in short, practical sessions that change behavior the next day
 

Let’s Talk

If you’re facing an employment issue—or you want to put the right policies and templates in place—contact Attorney Yoel Molina at admin@molawoffice.com, call (305) 548-5020 (Option 1), or message via WhatsApp at (305) 349-3637. We’ll help you prevent problems, move faster, and protect your margins.
 
Educational Notice: This article provides general information and is not legal advice. Your situation may require specific guidance under Florida and federal law and your industry’s rules.