Minimum and Overtime Wages in Florida

According to federal and state  wage laws, employees who do not receive the minimum or overtime wages in Florida can bring claims against their employers. The Law Offices of Ena T. Diaz, P.A. advocates on behalf of its clients, providing employers and employees with representation in minimum and/or overtime wage claim lawsuits.

Minimum wage and overtime laws

The Fair Labor and Standards Act (FSLA) is the law that establishes federal minimum wages and requires employers to pay 1.5 times the employees’ rate of pay for over forty (40) hours worked in a given workweek.  As of 2009, the federal minimum wage was set at $7.25 and it has not increased., Many states, such as Florida, have minimum wage laws.  Pursuant to the FSLA, employees receive the higher minimum wage set forth by the state’s minimum wage laws.  As of January 1, 2013, Florida workers must be paid the minimum wage of $7.79 per hour.

Wages for tipped employees work differently.  Employers receive a tip credit, which is the credit amount employers have toward the minimum wage total amount. The FSLA tip credit is $2.13.  Employers must cover $5.12.. The Florida tip credit is $3.02. Under the Florida Constitution, the Florida tip credit is fixed at the 2003 amount of $3.02. Despite the fact that the Florida minimum wages has increased, the tip credit has remained the same.  In Florida, as of January 1, 2013, the minimum wage for tipped employees is $4.77, which is calculated by subtracting the tip credit of $3.02 from Florida’s minimum wage rate of $7.79.

Based on employment law, employees have legal grounds to pursue claims when an employer fails to pay the Florida minimum wage and are not compensated time and a half for hours worked over forty in a given workweek.

Consult an experienced lawyer about overtime wages in Miami

An experienced employment lawyer can help you defend a claim as an employer or pursue a claim on behalf of an employee.  Contact the Law Offices of Ena T. Diaz, P.A. to discuss your concerns about minimum wage and overtime issues.