Updated May 2026 · Florida Plan Finder · Licensed Florida Health Insurance Producer

Florida Employment Law Basics for Dental Practices in Orlando, FL

Florida is generally an employer-friendly state — at-will employment, no state-level wage premium laws, limited mandated leave — but a Florida dental practice that ignores the employment laws that DO apply (federal floor + Florida-specific carve-outs) ends up in expensive trouble. The Florida Commission on Human Relations and the EEOC both have field offices in Orlando and both regularly receive dental practice complaints. This page covers the rules an Orange or Seminole County dental practice owner must understand.

Florida Is At-Will, With Exceptions

Florida is an at-will employment state. An Orlando dental practice can terminate any non-contract employee at any time, for any reason or no reason — except for a prohibited reason. The prohibited reasons that matter most:

• Race, color, national origin, religion (Title VII, Florida Civil Rights Act)
• Sex, including pregnancy, gender identity, sexual orientation
• Age 40+ (ADEA, Florida Civil Rights Act)
• Disability (ADA at 15+ employees, FCRA at 15+)
• Genetic information (GINA)
• Retaliation for protected activity (filing a workers' comp claim, complaining about discrimination, reporting safety violations)
• Military service (USERRA)

For Orlando dental practices the most common litigated issues are pregnancy/maternity firing (real or pretextual), age discrimination against older hygienists, and retaliation after a workers' comp claim.

Federal Wage and Hour Rules

The Fair Labor Standards Act (FLSA) applies to most dental practices because the practice itself meets the FLSA's enterprise coverage threshold (gross revenue $500K+). For Orlando practices:

• Federal minimum wage: $7.25/hour (mostly irrelevant — Florida minimum is higher)
• Florida minimum wage: $13.00/hour (2024); rising to $14/hour in September 2026, $15 by 2026
• Overtime: 1.5× regular rate for hours over 40/week, applied weekly. No daily overtime in Florida.
• Tipped employees: Limited application to dental — receptionist tip credit is rare.

The most common FLSA error in Orlando dental practices: misclassifying hygienists as exempt salaried employees. Hygienists working at the practice's chair under the dentist's direction are almost universally non-exempt and entitled to overtime. The "professional exemption" generally doesn't apply to hygienists despite them holding a license.

Employee vs. Independent Contractor

The "1099 hygienist" arrangement is one of the most-audited classifications by both IRS and Florida Department of Economic Opportunity. A hygienist working set hours at the practice using practice equipment under practice supervision is a W-2 employee, not a 1099 contractor. Period.

Genuine 1099 dental contractors typically:

• Provide their own equipment and supplies
• Set their own hours and patient schedule
• Bill the practice for completed work, not for hours worked
• Carry their own malpractice insurance
• Work for multiple practices

A locum dentist filling in for two weeks while the owner is on vacation can sometimes meet 1099 criteria. A hygienist who shows up Monday-Thursday 8-5 cannot.

Required Federal Leave (Mostly N/A for Small Dental Practices)

• FMLA: 50+ employees within 75-mile radius. Most Orlando dental practices are below this threshold and therefore not subject to FMLA.
• ADA reasonable accommodation: 15+ employees. A practice with 15 staff must reasonably accommodate disabilities including providing leave as accommodation.
• Pregnancy Discrimination Act: 15+ employees. Pregnancy must be treated like any other temporary medical condition.
• USERRA: All employers — must reinstate military returnees with appropriate restoration.

Florida-Specific Rules

• No state mandated PTO/sick leave: Florida has no state-level sick or family leave requirement.
• No salary history ban: Florida allows employers to ask about prior salary (some other states ban this).
• No "ban the box": Florida private employers can ask about criminal history on the application.
• Final paycheck: Must include all earned wages by next regular payday after termination.
• Workers' comp: Required at 4+ employees (non-construction).
• Reemployment tax (UI): All employers; wage base is first $7,000 per employee.

Hygienist-Specific Issues

Three issues come up repeatedly in Orlando hygienist HR cases:

1. Required CE during off-hours: If the practice requires a hygienist to attend a 4-hour Saturday CE event, that's compensable time. Either pay it or don't require attendance.
2. Setup/cleanup time before/after shift: Time spent before clock-in setting up operatories or sanitizing instruments is compensable. Most practices either start clocks at building entry or pay 15 minutes daily for setup.
3. Production-based bonus structures: Bonuses tied to procedures performed must be included in the regular rate for overtime calculation. A $500 monthly bonus increases overtime rate for any week the hygienist worked 40+ hours.

Sexual Harassment — Title VII at 15+ Employees

Title VII applies at 15 employees. The Florida Civil Rights Act applies at 15 employees. A 14-employee Orlando dental practice is technically below both thresholds but realistically should still maintain anti-harassment policies and training because:

• Common-law claims (intentional infliction of emotional distress, battery) apply at any size
• Local Orlando ordinances may apply
• The practice can grow past 15 quickly

Best practice: harassment policy in the employee handbook from day 1, regardless of size.

Common Mistakes

• 1099 hygienists: Almost always wrong. Reclassify and run payroll properly.
• "Comp time" instead of overtime: Private-sector employers cannot offer comp time in lieu of overtime. The dental practice owes overtime pay.
• Salary classification of non-exempt staff: Calling someone "salaried" doesn't make them exempt. Apply the FLSA exemption tests carefully.
• Documenting only the firing, not the lead-up: A surprise termination of a longtime employee invites discrimination claims. Document performance issues progressively.
• Ignoring the workers' comp retaliation rule: Florida Statute § 440.205 prohibits firing an employee for filing a workers' comp claim. The most common Orlando dental retaliation case.

Frequently Asked Questions