Trinity wage and hour lawyers assist employees in a variety of claims that might arise against an employer. One common type of claim an employee might have against an employer is one for unpaid wages.
If you are having problems collecting unpaid wages from your employer, contact a Trinity wage and hour lawyer in today. An experienced Trinity personal injury lawyer can best assist in building a claim to help produce a successful outcome on your behalf.
Minimum Wage Requirements
When an individual meets with a Trinity wage and hour attorney, they will discuss with them the minimum wage required for their employment position.
Florida State Constitution and Florida Minimum Wage Act require employers pay employees a minimum wage of no less than $8.10 per hour worked for nontipped employees. Employees, such as waitresses, who receive gratuities, must be paid no less than $5.08 an hour.
The federal Fair Labor Standards Act-FLSA also sets a minimum wage for employees which is currently $7.25. Since Florida’s minimum wage is higher than the federal minimum wage, Florida’s minimum wage prevails.
Additionally, each year Florida’s Department of Economic Opportunity calculates the adjusted minimum wage. Thus, the minimum wage may change each year depending on Florida’s calculation.
Claims for Unpaid Wages
When an individual contacts a wage and hour lawyer in Trinity, they first will need to determine the individual’s employment category. Both Florida Minimum Wage Act and FLSA categorize employees as exempt or nonexempt for purposes of minimum wage requirements.
Typical nonexempt employees (meaning those entitled to be paid at least minimum wage) are:
- Employees paid by the hour (Such as domestic workers, nannies, laborers)
- Tipped employees (such as waitresses and bartenders)
Exempt employees (those employees who do not fall under the minimum wage requirements) are:
- Administrative, professional and executive personnel (typically known as “white collar” employees)
- Contract employees (those who usually will not have any taxes or other deductions taking out of their paychecks and receive 1099 form instead of W2 forms at the end of the year)
- Sales people (those who earn commission such as real estate agents)
- Students and interns
As with most legal issues, the above is not all possible claims, and there are exceptions to the above designations which a Trinity wage and hour lawyer will discuss with their client.
Recovery and Damages in Trinity
To recover damages for an unpaid wage claim, an individual must first provide written notice to their employer stating their…
- Grievance and claimed entitlement
- Dates and hours you worked
- Total amount of unpaid wages an individual is claiming
- A person’s intent to initiate an action for unpaid wages
If an individual’s employer fails to respond to their written notice within fifteen days from the date of receipt of the notice, a Trinity hour and wage lawyer will initiate a claim. The employer may have to pay the following as damages:
- Unpaid wages
- Liquidated damages equaling your unpaid wages
- Attorney fees and cost
Both federal and Florida law prohibits an employer from retaliating against an individual for raising or filing a claim. Types of prohibited retaliation include, but is not limited to:
- Termination of employment
- Reduction of hours
- Change in job position
- Creating a hostile work environment
Benefits of a Wage and Hour Attorney
If you have an unpaid wage issue or feel you are being retaliated against by your employer for bringing a claim for unpaid wages, contact a Trinity wage and hour lawyers today.