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 Standards Act (“FLSA”) is the federal law that establishes the federal minimum wage and requires employers to pay 1.5 times the employee's regular rate of pay if the employee worked over forty hours in a week. The federal minimum wage is currently $7.25. Throughout the years and recently, there have been discussions about raising the federal minimum wage. Many states, such as Florida, have minimum wage laws. The Florida minimum wage is $8.65, as of January 1, 2021. On September 10, 2021, the minimum wage in Florida will increase to $10.00. On November 3, 2020, Florida voters approved Amendment 2 to the Florida Constitution which will gradually increase Florida's minimum wage to $15.00 by the year 2026. Employers must pay employees in Florida the Florida minimum wage rate.
Wages for tipped employees are calculated differently. Under federal and Florida law, employers may pay tipped employees less than the minimum wage, as long as employees earn enough in tips to make up the difference. This is what the law calls the "tip credit." The tip credit in Florida is $3.02. An employer in Florida may pay a tipped employee $5.63 per hour as of January 1, 2021. There are many rules associated with the tip credit that an employer should be aware of when Implementing this method of payment.
Is my employee a manager? The Fair Labor Standards Act, the federal law governing minimum wage and overtime pay, and the regulations issued by the Department of Labor have the answer to this question. The title alone does not make an employee a manager. Because an employer identifies an employee as a manager does not necessarily means that the manager meets the legal tests for this definition. If the employer has properly classified the employee as a manager then the employer is not required to pay overtime. However, if the employer has not classified the employee correctly the employee may be entitled to overtime pay. Having an experienced employment attorney assist your business with classifying employees to ensure compliance with the Fair Labor Standards Act before the business is sued for minimum wage and/or overtime wages is essential for any type of business.
Should I pay my employee hourly or a salary? Employers often pay employees with a salary when federal wage and hour law requires that certain employee be paid at an hourly rate (at least the minimum wage) and receive overtime for hours worked over forty in a workweek. Attorney Diaz explains the applicable legal guidelines that a business must take into consideration when determining whether to pay hourly or a salary. Compliance is key to avoiding these types of lawsuits.
Trust and Experienced Employment Lawyer with a claim for minimum wage or overtime compensation
If your business has been sued by an employee for unpaid wage or overtime, you should seek legal advice from a knowledgeable and experienced employment lawyer to defend the lawsuit and assist your business in understanding the applicable laws to ensure compliance. For a consultation for legal advice, call the firm's office located in Coral Gables, Florida at 305.377.8828 or contact us online.