Wage Laws for Seasonal Workers
As of July of 2015, 5.5 percent of individuals in Florida were unemployed. As a solution to unemployment, many people seek seasonal work until they find a full-time position. In addition, Florida has many seasonal job opportunities over the holidays, at theme parks, during baseball spring training, among others. Because seasonal workers are only hired for a short period of time, too many employers fail to realize or uphold the rights of these workers under Florida wage laws. Anyone who believes their wage rights have been violated should schedule a consultation with a Florida wage law attorney as soon as possible.
Wage Requirements For Seasonal Workers
Requirements for wages are set out in the Fair Labor Standards Act (FLSA) as well as Florida state laws. The following are only some of the requirements for employers:
- Pay employees at least the minimum wage of $8.05 per hour for all time the employee worked;
- Pay employees time-and-a-half their regular hourly wage for all overtime hours the employee worked; and
- Pay for all compensable time, including performing work-related duties before or after official shifts.
Though they may only work for a few months, seasonal employees often put in long hours. If they are not paid the required overtime rate, they can be deprived of a significant amount of compensation.
Seasonal workers further have the right to prompt and regular payment under wage laws. Because of their temporary status, many companies do not bother to officially enter seasonal workers into a payroll system, which can result in irregular or delayed paychecks. This can also cause confusion in correctly tracking hours worked and the correct amount of compensation the employee deserves.
Misclassification Of Seasonal Workers
Many employers classify seasonal workers as independent contractors because of the limited duration of their employment. However, this classification is often incorrect, as employers often maintain substantial control over these workers. Simply because a worker is seasonal does not mean they are not legally considered to be employees according to the guidelines set out by the Department of Labor. Misclassification can deprive a seasonal worker of many rights and protections under wage laws, tax laws, and other employment protections. Independent contractors do not have the legal right to receive minimum wage, overtime rates, or other wage provisions. If you believe you were classified as an independent contractor when you should have been an employee, you may be entitled to receive any back pay you missed whether the misclassification was intentional or in error.
Contact A Qualified Florida Wage Law Attorney To Discuss Your Case
Whether you are a seasonal, part-time, or full-time employee, you deserve to be properly compensated for all of the time that you worked. If you know or suspect that an employer did not pay you the full amount you deserved under state and federal law, you should discuss your situation with an experienced wage law attorney at the Law Office of Robert S. Norell, P.A. in Plantation, Florida. Please call today at 954-617-6017 to find out how we can help you.