Florida Overtime Laws
All employers must pay Florida workers the minimum hourly wage for the hours they have worked for. Sometimes people can work for extras hours over a long period of time and when payment time arrives the employer refuses to pay overtime wages. This is totally against FLSA; employees have the right to make claims for all the hours which they have not been paid for. All employers must be aware of the FLSA rules regarding overtime pay. The definition of wage, employee and employer are the same as defined by the FLSA (Fair Labor Standards Act). This means that all the employers within Florida must abide by the FLSA standards. If employees have worked overtime they must be compensated and non-exempt employees that worked over 40 hours per week is entitled to overtime pay.
Florida Minimum Wage
Starting in January 2019 the new minimum wage in Florida is $8.46/hour. In January 2017, the minimum wage was $8.10/hour, there was a slight increase from the previous minimum wage which was set back in 2016 at $8.05/hour, the minimum hourly rate of Florida is slightly higher than that of the federal standard which is still at $7.25/hour. The Florida Department of economic opportunity is required to set the minimum wage each year; this is calculated according to the increase in consumer prices.
Tipped Minimum Wage In Florida
According to FLSA, employers can receive tip credit if they satisfy the minimum wage for the tipped employees. Every tipped employee must be given the minimum tipped wage of $5.08/hour; this law was in effect from January 2017. Accordingly, the minimum wage for tipped employees in Florida increased to $5.44 per hour January 2019 from the previous tipped hourly rate of $5.23.
Have your rights been violated regarding minimum wage and overtime? Florida doesn’t have specific laws concerning overtime, but still, all employers must abide by the rules and regulation set by the federal government. For any Florida resident that have been denied the minimum hourly wage and overtime wages, he should know that his employer has violated the FLSA rules.
FLSA Overtime Claims
* Employers that mistakenly treat an employee as exempt from FLSA overtime requirements.
* Employers that failed to track, record and compensate overtime workers for the job-related activities they’ve done.
* Employers that failed to add wage augments such as longevity pay during the calculation of overtime hours.
Based on the explanation given by the United States Department of Labor in 2016, a new rule has been set regarding overtime pay. Without this new rule, an individual that earned only $23,660/year will be considered as “exempt” based on the overtime rule or he won’t be eligible to receive overtime compensation when he worked 40 hours/week. But with the new rule, the department of labor considers anyone earning 23,660/years living at or below the poverty line, and the rule, therefore, makes an increase on the minimum standard for an exempt worker under overtime rules to $47,476/year. This means that any work that earns $47,476 and above every year will be included in the overtime exemptions, that employee will not be eligible for overtime pay if he exceeds 40 hours per week.
If any employer denies your rights, you have the right to make a claim, but before making any claim you have to make sure that you educate yourself on FLSA rules so that you know your legal rights, you should start by letting the employer know that he has violated your rights and you have to be compensated or you’ll hire a lawyer to make your claims. If he doesn’t respond to your claims, you can take legal action against him for violating the FLSA rule. You must provide all the necessary evidence that is needed for your claims.
If you have any question regarding employee rights or you’re having overtime pay issues with your employer, you should contact us today at Massey & Duffy so that we can help you make a proper claim. Sometimes employers can classify employees as “exempt” wrongfully; if you have been in such situations you should contact us to help you resolve the situation. At Massey & Duffy we have experienced lawyers that are good at handling cases like these; we have helped a lot of people concerning their employment rights, why hesitate? Call us now for a free consultation; we’ll answer any question you might have concerning any employment problem between you and your employer.