What The Law Requires For Wages And Overtime Pay
In 2021, the minimum an employer can pay a worker in Florida is $8.65/hr. Tipped employees, such as bartenders, servers and other hotel and inn workers, must be paid at least $5.63/hr. The minimum wage is slated to raise incrementally up to $15/hr in 2026. If your employer is paying you less than this, it’s very likely your employer is in violation of Florida law.
If you work more than 40 hours in one week, your employer is required to pay you overtime. Overtime pay is 1.5x your regular hourly rate. In some cases managers and those in supervisory roles are exempt from overtime pay. However, employers can skirt around paying overtime by misrepresenting an employee as exempt (i.e. salaried) when in reality that employee is not exempt, and should be paid overtime.
Florida employment law is clear that your employer cannot by law retaliate against you if you make a complaint about not being paid overtime, the minimum wage or having unauthorized deductions taken from your paycheck.
When An Employer Steals Your Wages
It’s hard to believe that an employer would knowingly steal wages from a worker, but it does happen.
At Yormak Employment & Disability Law, we know how hard you work for every dollar you earn. It is unfair and illegal for your employer to cheat you out of any earned income. There are several ways an employer can fail to pay, underpay or take unauthorized deductions from you.
7 Examples Of Wage Law Violations
Some examples of Fair Labor Standards Act and other wage law violations include:
- Your employer has you perform tasks before you clock in or after you clock out.
- You are required to be at work 15 minutes prior to the time you can clock in.
- You have to spend time gathering supplies or putting on gear prior to the time you are allowed to clock in.
- Your paycheck is too low or bounces when you try to cash it. If this happens your employer is responsible for paying any fees or charges you got because your check bounced.
- You are classified as “exempt” and your employer docks your pay for being gone for time periods of less than one day (for example, if you go to the doctor or dentist).
- Your employer makes deductions from your paycheck that were not authorized by you or a court.
- Your employer fails to pay you in full or for your earned vacation time after you quit or are fired.
Additionally, some employers substitute “comp time” for overtime. This option is ONLY available to governmental employees.
Get The Information, Support And Guidance You Need
You depend on a paycheck. We are here to ensure that your employer is not cheating you out of your hard-earned money. We offer a free consultation so that you can tell us what is going on at work. Benjamin, our board-certified expert, can tell you whether you have a case and what to do next. Call 239-399-8808 or send us an email briefly explaining what you are experiencing, and we will get in touch with you.