The Federal Labor Standards Act (FLSA) establishes baseline standards which employers are required to follow with regards to treatment and compensation of employees. In addition to the FLSA, Florida has state laws and regulations that must also be considered.
If your employer has been operating in violation of the FLSA or if you believe you have a wage and hour claim against your employer, contact our experienced Dunedin wage and hour lawyers immediately. Our experienced attorney can assist in filing a claim to recover any compensation you are owed and help to guide you through the legal process.
Examples of Wage and Hour Claims
Failure to Pay
In many Dunedin wage and hour situations, an employer may flat out fail to pay an employee within a reasonable time without sufficient justification. An employee is entitled to be reimbursed for the hours they have worked.
An employee who works more than 40 hours a week is entitled to be paid time and a half for any additional hours worked. There are some exceptions to this rule that employers try to incorporate into their business models but anyone who believes they may not have been compensated properly should consult with a Dunedin wage and hour attorney.
Although Florida laws do not require an employer to provide its employees with severance pay, an employer who chooses to provide severance benefits must comply with the terms of the employment contract between the employee and the employer.
The current minimum wage and hour in Florida is $8.10. This is higher than the Federal minimum wage which is $7.25 per hour. Because the Florida minimum wage is higher than the Federal minimum wage, the Florida minimum wage must be paid to employees working in the state.
Any employer in Florida who pays an employee lower than the Florida minimum wage will be in violation of the law and can be forced to pay backpay to an employee who was not receiving the proper payment. When tips are added to the minimum wage, the tips must equal or exceed the minimum wage for non-tipped employees. If not, then the employer is required to provide the tipped employee with additional monies in order to meet minimum wage.
These sorts of employees – usually bartenders and servers – largely rely on tips and other forms of gratuities from patrons as a source of income. In Florida, the current minimum wage for tipped employees is $5.08 per hour. Tipped workers must earn at least $30 a month in tips to be eligible for this minimum wage.
Meal and Rest Breaks
For some individuals, an employer must permit an employee to take time during the work date to eat a meal (usually lunch) and occasional short breaks. An employee who denied the opportunity to exercise these rights may be able to sue their employers for violating their rights and should immediately contact a Dunedin wage and hour lawyer.
Contacting a Dunedin Wage and Hour Attorney
Employment lawsuits in the U.S. can be rather complex and oftentimes involve a careful analysis of both Federal and State laws. An employee can be hesitant to bring claims against their employers out of fear of termination. An employer who is operating in violation of the law must be reprimanded and forced to payout and unlawfully withheld wages to employees.
A Dunedin wage and hour lawyer will be happy to discuss your case with you and explore all the possible options you may have. A personal injury lawyer will fight to get you the money you deserve and compel employers to pay up when money is due.