Every year, thousands of employees fall victim to Fair Labor and Standards Act violations made by their employers. In 2003 alone, the Wage and Hour Division collected more than $212 million in back wages due to overtime pay violations. Violating the overtime laws set by the Fair Labor and Standards Act is illegal.
An employer who requires or allows an employee to work overtime is usually required to pay the employee premium pay for their overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive time-and-a-half pay for hours worked over 40 during one workweek. To calculate your overtime pay rate, multiply your regular hourly rate by 1.5.
The FLSA also requires that employees receive at least the minimum wage of $7.25 per hour, effective July 24, 2009. Many states also have minimum wage laws. In these cases, the employer must pay employees the higher wage. Exceptions to the minimum wage law include employees who receive tips and young workers.
The FLSA does not require extra pay for working weekends or holidays, unless overtime hours are worked. Extra pay for weekend and holiday shifts is at the discretion of the employer.
While the federal minimum wage rests at $7.25 per hour, many states choose to enact their own minimum wage laws. For instance, in Nov. 2004, Florida residents voted to establish a state minimum wage which would change annually according to inflation.
In Jan. 2009, Florida's minimum wage rose .42 cents to $7.21 per hour. However, on July 24, 2009, the federal minimum wage increased to $7.25. Because federal law requires employers to pay the higher minimum wage (either federal or state), Florida employers must pay their workers at least $7.25 per hour as of July 24, 2009.
Effective June 1, 2011, the Florida minimum wage will increase from $7.25 to $7.31 per hour. The new minimum wage for tipped employees will also rise by 6 cents from $4.23 to $4.29 per hour.
If you are a Florida resident who receives less $7.25 per hour, your employer is in clear violation of minimum wage law. Fill out our free, no risk case evaluation today to speak with a Florida minimum wage attorney today. At no cost to you, our minimum wage lawyers in Florida will evaluate your claim to determine whether you are owed back pay.
Occupations, wages and duties (not job titles) determine eligibility for overtime pay. While the specifics of overtime law can be confusing, overtime pay guidelines have been established to outline the basics of non-exempt and exempt employees. If you are a non-exempt employee and not receiving overtime pay for your extra hours, a Florida overtime lawyer can help.
Many employers use overtime scams to avoid paying overtime to their employees. Some employers force employees to work off the clock when they should be receiving overtime pay. Other companies misclassify employees as salaried managers, even though their job duties are the same as non-managerial employees.
If you are not receiving the overtime you deserve, filing an overtime claim may be easier than you think. Many overtime lawsuits are won simply because employers fail to properly keep wage and hour records for their employees. This makes it very difficult for an employer to dispute what hours the employee worked. If an employer fails to pay proper overtime and wages, the employee may receive damages equal to the unpaid overtime or proper wages, an equivalent amount in liquidated damages and pre-judgment interest.
The specifics of overtime law and minimum wage law can be complex, so you may want to enlist the help of an experienced Florida overtime attorney. The overtime lawyers at Morgan and Morgan can determine if you should receive overtime and how to collect unpaid overtime pay. For more answers to your overtime law questions, visit out overtime FAQs.
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