HOW TO HANDLE PAYROLL FOR HOLIDAYS THAT FALL ON WORKDAYS

If my business is open on a holiday like Thanksgiving or Christmas, do I have to pay my employees extra for working on a holiday? No. Extra pay or holiday pay is not required in Florida.  

If my business is closed for a holiday, do I have to pay my employees? It depends on the employee’s status. Most employees do not have to be paid if they are not working, even if they are salaried. Only employees that are exempt from overtime must be paid for days when the business is closed. 

Do I have to pay overtime in a week with a holiday? All hourly employees and most salaried employees must be paid overtime if they work more than 40 hours in a workweek. But workdays when the business is closed (like Christmas Day) do not count towards the 40 hours. Overtime is calculated only on the hours the employee actually works. Hours where the employee is paid but does not work (like a paid holiday) do not count towards the 40 hours.

For example, if your business is closed for Thanksgiving Day, that day does not count as time worked. Your employees can work up to 40 hours the other days of the workweek without getting overtime. This is true even if you pay your employees for a full day on Thanksgiving while the business is closed.

ARE FLORIDA EMPLOYERS STILL ALLOWED TO BAN FIREARMS IN THE WORKPLACE?

A Florida court recently struck down the state’s decades-old law that banned individuals from openly carrying firearms. As a result, adults who can lawfully possess a firearm may now carry it openly in most public places, subject to important limits.

Even after this court decision, private property owners (including businesses) may continue to prohibit firearms on their premises, and employers still have the right to prohibit employees from bringing firearms to work, subject to important limitations.

Under Florida’s existing “Bring Your Guns to Work” law, employers must allow employees to keep their legally owned firearm in the employee’s car while they are at work, as long as the firearm is secure and locked inside the vehicle. The same rule applies to customers of the business.

The law, which has been in effect since 2008, also prevents employers from:

  • Asking employees, prospective employees, or customers if they have a firearm locked in their car.
  • Searching an employee’s or customer’s car to determine if a firearm is kept there.
  • Taking any action against an employee or customer who has a firearm locked in a private vehicle.
  • Discriminating against or terminating an employee who has a firearm locked in their car as long as the employee does not exhibit the firearm on company property.
  • Preventing an employee or a customer from entering the employer’s parking lot or place of business because the employee’s vehicle has a legal firearm that is out of sight.

Special note for restaurants and bars: Firearms are still generally prohibited in areas of restaurants and bars that are primarily devoted to serving alcohol.

To prevent firearms from being carried on their private property, employers can consider doing the following:

  • Post clear signage at every public entrance stating that no firearms are allowed.
  • Enact company policies explaining the purposes and scope of the prohibition against firearms as well as consequences for violating it.
  • Train staff to politely inform an armed employee or customer about the company’s weapons policy and request that they comply with the policy or leave.
  • If the person refuses to comply or leave, contact law enforcement.

DEPARTMENT OF REVENUE SCAM ALERT

The Florida Department of Revenue is warning businesses about scam texts and email messages claiming to be from the Florida Department of Revenue. These messages say that the recipient is due a tax refund and asks them to click a link to confirm their banking information to receive the refund.

Please be aware that this is a scam. The Department of Revenue does not send text messages about tax refunds.

If you are contacted by someone who claims to be the Department of Revenue but is unfamiliar with your specific tax account information, contact Taxpayer Services to check if the message is valid at 850-488-6800 or fdortaxpayers​​ervices@floridarevenue.com.

IRS PHASING OUT PAPER REFUND CHECKS

On September 30, 2025 the Internal Revenue Service began phasing out paper refund checks for individual taxpayers as the first step in a broader transition to electronic payments.

Most refunds will now be delivered by direct deposit or other secure electronic methods. Taxpayers without a bank account may request a prepaid debit card.

The IRS advises taxpayers to continue filing their tax returns as they normally would using existing filing options. The IRS will release additional information prior to the 2026 tax filing season.

OSHA REDUCES PENALTIES FOR SMALL BUSINESS SAFETY VIOLATIONS

OSHA has revised its penalty guidelines to better support small employers. OSHA is now taking into account an employer’s size and how quickly they address safety violations.

Businesses with up to 25 employees may now qualify for a 70% penalty reduction, up from the previous 10-employee limit. Additional reductions are available for employers who quickly correct hazards or maintain a clean safety record.

These changes are designed to help small businesses address workplace safety issues more quickly, come into compliance faster, and minimize financial burdens.