Wage and Hour Lawyer in Florida
Florida requires employers to comply with hour and wage laws, but that doesn’t mean all of them do. Employers can violate the law in many ways, such as refusing to pay or paying you below minimum wage.
At The Leach Firm, P.A., a wage and hour lawyer can help you seek justice if you think your employer is breaking the law.
Worker Misclassification
For employers, it’s expensive to pay employees. The cost of payroll taxes, insurance, and employee benefits can add up quickly.
Some employers try to cut their expenses by misclassifying employees as independent contractors. By doing so, they can pay you for work performed instead of paying you by the hour. This can drop your pay to minimum wage or even lower.
Overtime and Hour Rights
Employers can require you to work more than 40 hours a week, but they must give you overtime pay if they do so. Under these circumstances, employers must compensate you at one and a half times your normal pay rate.
Florida has no law regarding overtime hours worked per day, with the exception of manual laborers. Employers must pay manual laborers overtime for more than 10 hours worked per day.
Minimum Wage Laws in Florida
Currently, Florida’s minimum wage is $11 per hour. This will increase to $12 on September 30, 2023, and $15 by 2026.
If your employer tries to pay you less than minimum wage, they are breaking the law. Some employers may attempt to provide less than minimum wage by docking your pay for lateness or poor work.
Refusal To Pay and Late Payments
Some employers might delay your paycheck or even refuse to pay you at all. They may point to your unsatisfactory work as an excuse, saying you’ll earn your paycheck when you do a better job.
But your employer must pay you regardless of your work quality. They can reprimand you in other ways, but they cannot withhold your paycheck for work you performed. Contact a wage and hour lawyer if your employer refuses pay.
Off-the-Clock Work
If your employer asks you to do more work without pay after you’ve clocked out, they’re breaking the law. For instance, they can’t ask you to stay and clean the building or help them with other tasks when you’re not on the clock.
Labor Laws Regarding Minors in Florida
Florida has wage and hour laws that spell out when and for how long a minor can work. For example, minors aged 14 or 15 can’t work more than three hours per school day. Minors aged 16 and 17 can’t work before 6:30 a.m. or after 11 p.m. on a school day.
Florida doesn’t require employers to provide breaks or lunches to adults, but the law differs for minors. Minors can’t work more than four hours without a 30-minute meal break.
Contact The Leach Firm, P.A., for Help With a Wage and Hour Violation
The Leach Firm’s lawyers have been fighting wage and hour claims since 2007. Call (844) 722-7567 to speak with a wage and hour lawyer today.
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Why am I being paid less than minimum wage?
For the most part, workers must be paid a wage that complies with both federal and Florida minimum wage standards. However, there are some job exceptions to the minimum wage requirement, including:
- Independent contractors
- Tipped employees (e.g., restaurant servers)
- Young workers
- Student workers
- Farm workers
Unless an employee falls under an exception, they must receive minimum wage.
What are the laws concerning employees who receive tips?
Under the law, tipped employees may receive less than minimum wage so long as they receive enough tips to make up the difference.
- Tip credits: Tip credits allow employers to "credit" the employees' tips toward satisfying the minimum wage requirements. However, when an employee is performing non-tipped tasks unrelated to tipped duties, the employer may not claim a tip credit for those hours.
- Tip Pooling: Employers are allowed to pool employees' tips and share them among all employees. By law, employers are not permitted to keep any portion of the gratuity from the tip pool.
What can I do if my employer is breaking the overtime or minimum wage laws?
If your employer is violating federal or state wage laws, you can file a complaint with the U.S. Department of Labor or file a lawsuit to seek compensation. Employees usually find it helpful to work with a dedicated wage attorney who can protect their rights and help take advantage of all available remedies.
Recover Your Lost Wages with the Help of a Skilled Florida and Georgia Employment Law Attorney
When your employer has treated you unfairly, either through wage theft, unlawful discrimination, or other practices, you can count on the experienced attorneys at The Leach Firm, P.A. to fight for your rights. Contact us to schedule a free comprehensive consultation in English or Spanish.