Free Practice Questions for FL Labor & Employment Specialist

You must be an active Florida Bar member in good standing for at least 5 years (or 4 years with an LL.M. in labor and employment law), demonstrate 50% or more involvement in labor and employment law during the preceding 5 years, complete 60 hours of approved certification CLE within the 3 years before applying, pass peer review by judges and attorneys familiar with your work, and pass the written certification examination. Applications open July 1-August 31, the exam is held the following March, and certification becomes effective in June.

It is an approximately 6-hour written examination that combines essay questions and multiple-choice questions. The exam is comprehensive: each applicant must demonstrate at least some knowledge in every subject tested, spanning federal employment statutes (Title VII, the ADA, ADEA, FMLA, FLSA, and NLRA) and Florida-specific law (the Florida Civil Rights Act and the restrictive-covenant statute). The Florida Bar does not publish a fixed question count or a uniform numeric passing score; the standard is commonly described as roughly 70%.

In a circumstantial-evidence Title VII disparate-treatment case, the plaintiff first establishes a prima facie case (protected class, qualified, adverse action, and circumstances inferring discrimination). The burden of production then shifts to the employer to articulate a legitimate, nondiscriminatory reason. If the employer does so, the burden returns to the plaintiff to prove that the stated reason is a pretext for discrimination. The ultimate burden of persuasion stays with the plaintiff throughout.

The Florida Civil Rights Act (Chapter 760) is patterned after Title VII and is generally interpreted in conformity with federal precedent, but it differs in key respects: it expressly protects marital status (which Title VII does not), it requires filing a charge with the Florida Commission on Human Relations within 365 days (versus the 300-day federal deadline in Florida), the FCHR has 180 days to make a reasonable-cause determination, and the FCRA caps punitive damages at $100,000 rather than using Title VII's sliding-scale combined caps.

Effective July 1, 2025, the Florida CHOICE Act created an employer-friendly framework for 'covered employees' (those earning more than twice the annual mean wage of the relevant Florida county). It authorizes non-compete agreements lasting up to 4 years post-employment, well beyond the traditional 2-year presumptive ceiling in s. 542.335, and recognizes 'garden leave' notice periods of up to 4 years during which the employer must continue paying the same base salary and benefits. The traditional s. 542.335 framework still governs employees who fall below the wage threshold.

An employer must provide a reasonable accommodation to a qualified individual with a disability so the employee can perform the essential functions of the job, unless doing so would impose an undue hardship, meaning significant difficulty or expense in light of the employer's resources and operations. The employer should engage in an interactive process to identify accommodations. Reassignment to a vacant position is an accommodation of last resort, but the employer need not eliminate essential functions, lower production standards, or create a new position.

Yes. Section 7 of the NLRA protects employees' right to engage in protected concerted activity for mutual aid or protection whether or not a union is present. Two or more nonunion employees who jointly raise complaints about wages, hours, or working conditions, including on social media, are protected, and an employer who disciplines them for that activity may violate Section 8(a)(1). Rules barring employees from discussing their pay are also generally unlawful, even in nonunion workplaces.