Florida is one of the most business-friendly states in the country — no state income tax, strong at-will employment protections, and enforceable non-competes. But since 2023, all private employers with 25+ employees must use E-Verify for every new hire. WorkGenius becomes your legal employer and handles every compliance requirement from day one.
Effective July 1, 2023, Florida Senate Bill 1718 requires all private employers with 25 or more employees to use the federal E-Verify system to confirm employment eligibility for every new hire. This catches many out-of-state companies off guard — especially those expanding into Florida or engaging remote workers based there. The penalties are severe: repeated violations can result in the suspension or permanent revocation of your business license.
Get AB5-Compliant TodayFlorida's employer-friendly laws come with real compliance obligations. We take every one of them off your plate.
Every new Florida hire is run through E-Verify before their start date. Documentation retained for the required period. Zero risk of license suspension or revocation.
No state income tax simplifies withholding — but Florida Reemployment Tax (unemployment insurance), workers' compensation premiums, and federal payroll taxes all still apply. All calculated and remitted on every pay cycle.
Florida's workers' comp requirements kick in at 4 employees (1 in construction) and are strictly enforced. WorkGenius obtains coverage, maintains certificates, and manages claims administration.
Florida courts enforce non-competes that meet the requirements of F.S. 542.335 — but poorly drafted agreements can still be challenged. WorkGenius prepares agreements that hold up while protecting your legitimate interests.
ACA-compliant health coverage, 401(k), PTO, and disability insurance — all enrolled and administered. Florida's no-state-tax environment means take-home pay goes further, making your compensation more competitive.
Compliant separation documentation, final pay on the next regular payday, COBRA administration, and proper handling of any non-compete or confidentiality obligations at offboarding.
Most EOR providers use manual checklists. WorkGenius runs Florida's E-Verify mandate, Reemployment Tax, and workers' comp requirements directly in the platform — automatically, before every hire starts.
Florida is business-friendly — but it still layers several important employment requirements on top of federal law.
Unlike California, Florida actively enforces non-compete agreements. Courts are required to enforce them if they are reasonable in time and geography and protect a legitimate business interest. WorkGenius drafts agreements that maximize your protection under Florida law.
Florida's equivalent of unemployment insurance (FUTA/SUI). New employers pay a rate of 2.7% on the first $7,000 of each employee's wages. WorkGenius registers, files, and remits all reemployment tax contributions on your behalf.
Florida's Civil Rights Act applies to employers with 15 or more employees — matching the federal threshold for most protections. However, Florida also prohibits discrimination based on marital status, which federal law does not. WorkGenius employment agreements and policies reflect all Florida-specific protected classes.
Florida is a strong at-will employment state. Unlike California or New York, there is no state paid sick leave or paid family leave mandate — Florida law preempts local governments from creating such requirements. WorkGenius documents every at-will employment relationship correctly to preserve these protections.
From first conversation to fully compliant employment — typically within days.
Workers, roles, locations, and start dates. We tailor the setup to your needs.
Our AI runs every worker through California's ABC test. We prepare compliant contracts and payroll setup.
Onboarded with California-compliant contracts, benefits enrolled, payroll running from day one.
Payroll runs with daily OT. Taxes filed. Compliance monitored. One weekly invoice.
Yes. SB 1718 applies based on where the employee works, not where your company is incorporated or headquartered. If you engage a worker who performs services in Florida — including remotely from a Florida address — and you have 25 or more employees total, you must run that worker through E-Verify before their start date. WorkGenius handles E-Verify automatically for every Florida hire.
Florida has no state income tax, which means there is no state income tax withholding from employee paychecks. This makes Florida one of the most tax-advantaged states for employees — they keep more of their earnings than in states like California or New York. Federal income tax, Social Security, and Medicare still apply. WorkGenius handles all federal and Florida-specific payroll obligations, including Reemployment Tax (Florida's unemployment insurance).
In most industries, Florida requires workers' compensation coverage for employers with 4 or more employees. In the construction industry, the threshold is just 1 employee. Florida's workers' comp system is strictly enforced — operating without required coverage can result in stop-work orders and significant fines. WorkGenius obtains and maintains workers' comp coverage as part of the EOR arrangement.
Yes — and significantly more so than in most states. Under Florida Statute 542.335, courts are required to enforce non-compete agreements that are reasonable in time, geographic area, and scope, and that protect a legitimate business interest (such as trade secrets, substantial customer relationships, or specialized training). Courts may modify overbroad agreements rather than invalidating them. WorkGenius drafts non-compete provisions in employment agreements to maximize enforceability under Florida law.
Florida does not require immediate payment of final wages upon termination (unlike California). Final pay is due on the next regular payday following the termination. However, if an employee demands their final wages and the employer has the records available to calculate the amount, the employer should pay promptly to avoid claims. WorkGenius tracks termination dates and processes final pay on the correct schedule.
No. Florida has no state-mandated paid sick leave, paid family leave, or paid disability insurance. In fact, Florida law preempts local governments from enacting paid leave mandates — so city or county ordinances cannot require more than the state provides. This makes Florida one of the simplest states from a leave-compliance standpoint. WorkGenius still administers any voluntary PTO, federal FMLA leave, and ACA benefits as part of the employment package.
WorkGenius handles AB5 classification, California payroll, benefits, and every other compliance requirement so you don't have to. Get started today.
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