Labor Law Violations Come in Many Forms
Employees in Florida are protected by labor laws that ensure payment of proper wages and other fair treatment in the workplace. Specifically, the Fair Labor Standards Act (FLSA) sets out wage and hour guidelines with which companies must comply. Too often, however, violations of FLSA occur and employees unfairly lose money despite their hard work. This is especially common in smaller businesses in which the owners may not even be aware of the violations. However, whether FLSA violations are intentional or not, affected employees have the right to recover for the rightful pay that they lost. The following are some of the most common types of labor law violations in Florida:
Failure To Pay Minimum Wage
The minimum hourly wage in Florida for 2016 is $8.05 ($5.03 for tipped employees). Every employee should be paid at least this amount for every hour worked. While this may seem like a relatively straightforward requirement, employers have many ways of failing to pay minimum wage including requiring work “off the clock,” failing to account for hours worked, and more.
Failure To Pay Overtime Wages
Any work performed over 40 hours a week should be compensated at a rate of 1.5 times an employee’s regular pay rate. Unfortunately, many people do not receive proper overtime payments. The most common reason for this is when employers claim that certain employees are exempt from overtime laws when they are actually not exempt.
Misclassification As An Independent Contractor
When a worker is hired, they must be classified as an “employee” or as an “independent contractor.” This distinction is critical as employees are protected by FLSA while independent contractors are not. In addition, employees are entitled to many additional benefits including workers’ compensation and unemployment insurance. If a person is misclassified as an independent contractor, they can lose out on significant compensation that they actually deserve.
Wrongful Pay Deductions
If an employee receives a uniform, work supplies, or has a shortage on a register, many employers believe they can simply deduct from the employee’s paycheck to make up for the cost. However, this often results in a paycheck falling below the required minimum wage and there are other procedures for recouping costs from employees when necessary. Some employers may even intentionally engage in deductions that employees do not understand or do not even notice in an attempt to get around FLSA minimum wage requirements.
An Experienced Florida Labor Law Attorney Can Help You
Labor law cases can differ significantly based on the nature and severity of the labor violation that occurred. At the Plantation, FL law office of Robert S. Norell, we have experience handling a wide range of labor cases and have a thorough understanding of both federal and Florida labor laws. If you believe that your employer has acted unlawfully regarding wages, hours, or any other workplace condition, you should not delay in discussing your situation with a skilled Florida labor law attorney. Call today at 305-405-9243 so that we can evaluate your case.