Minimum Wage Law in Florida For Employees
Serving You and The State of Florida
Minimum wage laws in the state of Florida have to be followed by employers. These laws provide guidance about exempt and non-exempt workers and explain how these people are to be paid. These protections are intended to ensure that people who are working minimum-wage jobs are treated fairly by their employers.
The federal Fair Labor Standards Act (FLSA) is the guiding basis for the Florida labor laws that also protect workers in these kinds of jobs. If you believe that you have not been paid correctly by your employer or they have been unwilling to provide overtime pay that you qualify for, you need to reach out to a skilled lawyer right away. The team at the Lopez Law Group can represent you if you have been paid incorrectly by your employer and have been unable to come to a reasonable agreement with this entity about correcting this problem. We have years of experience working on these kinds of cases and can help you to rectify issues with minimum wage payments and your exempt or non-exempt status.
What Are the Minimum Wage Laws in Florida?
Federal law, FLSA, has guided the creation of the laws that are used in the state of Florida to determine the correct regular pay and overtime pay for those working at minimum wage jobs. These guidelines must be followed by employers, and the HR team that designates the status of workers must be versed in the essentials related to these pay laws. When the HR or payroll staff make errors, it is usually sufficient to reach out to these parties and state that your pay is not correct. This kind of matter becomes a legal issue if no resolution is offered or if your pay is always incorrect from month to month.
Employees should also exercise care when signing hire documents if they believe that the stated rate of pay offered for the job is not compliant with Florida state law. It can be very helpful to have a legal professional look over the hiring document that you have been asked to sign to see if there are discrepancies in the pay that you are being offered before you sign this document. Being ahead of the problem before your pay is not correct each month can be a big benefit to you, but it can also force your employer to evaluate their pay grades and ensure that they are not out of compliance with federal and state laws.
· Exempt Employees
These employees work in a professional or administrative role and might also work in sales. They are exempt from overtime pay because they are paid a set salary. You might work more than 40 hours a week at this kind of job, but you will not be paid overtime. Labor laws protect these employees from being asked to work far in excess of the 40-hour work week that they are being compensated for with their salary. This kind of staff person is less common than regular hourly employees due to the difficulties that can crop up related to pay when salaried staff work more than 40 hours a week.
· Non-Exempt Employees
These workers are paid overtime when they work in excess of their 40-hour work week. Overtime pay for these people is typically time and a half the regular pay that they receive. In this kind of job, you are only paid for the hours that you work and are not paid a salary. Manual laborers, some nurses, paramedics, paralegals, and office professionals all might be non-exempt employees. Non-exempt employees are usually the majority of the staff at most companies, and this is usually the easiest kind of pay for businesses to distribute each month.
· Commission-Based Jobs
When you are paid tips or commission as part of your paycheck each month, you are considered exempt from minimum wage requirements. You might be paid a base salary, but then all of your other pay, such as tips and commission, are considered the rest of your compensation. These workers are rarely offered any kind of working schedule that might encroach on 40 hours a week, but if they are offered more hours than this, they are required to be paid for their overtime. If the wages and tips of this worker do not meet the full minimum wage, the employee must also be compensated for the difference between these two amounts.
To complicate matters, there are various rates of pay connected with the minimum wage. Each state can set its own state minimum wage. This means that people might move to the state of Florida and be unprepared for the state minimum wage that they will be paid at their job due to discrepancies in the rate offered where they used to reside. This can be some of the foundational confusion that can lead to conflict between employee and employer. However, employers are required to be aware of the pay laws in the state of Florida, and the HR staff should be able to explain to new hires what their rate of pay will be and what their overtime pay status is.
What Kinds of Problems Can Arise Related to Minimum Wage Laws?
There are various problems that can happen related to minimum wage pay in the state of Florida. Employers might not be correctly versed in the complexities of some kinds of pay related to commissions and tips, or they might make errors in the classification of certain employees. When workers are not paid correctly and are not offered a resolution that is satisfactory when they reach out to their employer, it is often time to secure a legal team’s help with the issue.
Common problems related to minimum wage pay are denying workers overtime that they earned because of mistakes in the classification of a job type or paying a base rate of pay to commission staff that does not equal the stated minimum wage once tips and commissions have been paid out each month. Another issue that might occur is that the minimum wage is adjusted statewide from time to time, and some employers do not adjust to keep pace. This is illegal, and your employer must increase the minimum wage that they pay their staff in keeping with state-wide changes.
Problems with pay period cycles and scheduling incorrect full-time working hours can also rear their heads in some industries. Working a job with regular and scheduled hours each week can reduce the likelihood that you will be paid incorrectly. Workers that are on split shifts or work on-call or for tips are often scheduled inconsistently each week. This can lead to situations where staff work in excess of a 40-hour work week but then are denied the pay they deserve for those extra hours.
Being paid less than the state minimum wage is another issue that is less common but which can happen in some companies. This is a situation that is very simple and should not occur, but it is possible to secure a job and then find out that the base rate of pay is not correct per minimum wage laws. Tipping-based jobs can often be the source of these kinds of conflicts because wages are much more complex in these industries due to variables in the amount of business that comes into places like restaurants or other service-industry locations. Just because business is slow does not mean that your employer can choose not to pay you state minimum wage each month.
All of these issues are often difficult to resolve without the support of a skilled lawyer on your side. Companies might wrongfully believe that they have interpreted minimum wage laws correctly, or they might believe that they have categorized a worker properly despite evidence to the contrary. A legal team with experience in these kinds of cases can help investigate the situation and identify issues that have led to pay discrepancies.
What Can a Skilled Lawyer Do For You?
If you are struggling with your employer with regard to incorrect pay, you will need to reach out to Lopez Law right away. We can do research into your case and determine which labor laws are being violated. We are happy to represent you during the settlement process or in court if you and your employer cannot agree upon a settlement determination. These kinds of issues rarely head to court, but when they do, you will need an experienced legal team working hard on your side.
If you are tired of fighting with your employer about minimum wage pay issues and you are being told that there is nothing that needs to be done to rectify your incorrect pay, it is time to reach out to the Lopez Law Group. We have years of experience working on minimum wage labor cases, and we can help you to seek a favorable outcome in your case. Contact us today for a consultation, and let us help you to get the pay that you deserve.
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