Florida Wage and Hour Lawyers
Both federal and state laws have standards that employers must follow to protect employees, however, not all employers follow the law.
If you have a dispute as to whether you have been paid properly, you must first attempt to address this with your employer—usually through the payroll department or human resources.
If the employer does not address the issue or properly compensated you, do not hesitate to seek advice from our Florida wage and hour lawyers at Rosenthal, Levy, Simon & Sosa.
Prior to the consultation, you will need to obtain your time sheets, copy of the disputed pay stub, and employee handbook.
A claim for unpaid wages may include any of the following scenarios:
- Not getting paid legal minimum wage.
- Not being paid for hours worked.
- Not getting paid your final paycheck upon departing from your job.
- Not receiving overtime pay.
- Not receiving payment for earned vacation time.
- Not receiving payment for commissions and bonuses.
The Fair Labor Standards Act (FLSA), established in 1938, establishes rules for minimum wage, overtime pay, hours worked, recordkeeping, and child employees.
Some of the regulations include:
- Minimum wage: As of July 24, 2009, the federal minimum wage was set at $7.25. As of September 30, 2023, the Florida minimum wage was set at $12.00. When federal and state laws differ on minimum wage, the employee is entitled to the higher minimum wage. However, there are categories of job positions that this does not apply to.
- Overtime: Covered nonexempt employees must receive overtime pay of 1.5 times their regular rate of pay for hours worked in excess of 40 hours in a given week (a week being defined as a consecutive 168 hours).
- Hours worked: An employee is considered to be “on the clock” if the employee is on the employer’s premises and on duty.
- Recordkeeping: Employers must keep accurate books that detail employee time and pay records.
- Child labor: The FLSA strives to keep youth workers (anyone under the age of 18) safe while on the job. For this reason, minors are prohibited from positions that involve meat slicing and processing, heavy machinery, explosives, and radioactive substances. Wages and number of hours worked by minors are also limited under the law.
Florida Law on Minimum Wage and Unpaid Wages
While federal laws establish the standards that employers must abide by, state laws are created to offer supplemental protections.
Florida minimum wage currently is $12.00 per hour, which is $4.75 higher than the federal minimum wage. The Florida legislature has mandated that the minimum wage will increase by $1.00 annually until it reaches $15.00 on September 30, 2026.
Among many employment rights, Florida law does require overtime pay for manual laborers who work more than 10 hours in a day.
Under Florida Statutes Title XXXI §448.07 (3), an employee must file a civil action against his or her employer within six months after employment termination. After this time, an employee may be unable to recover damages.
Consult with a Florida Wage and Hour Lawyer Today
If you have not received accurate compensation for your labor, the best step you can take is to speak with our Florida wage and hour lawyers. We have a detailed understanding of employment laws and are ready to fight for you. You pay a $350, no-obligation fee to have us review your case. Contact us today to schedule your free consultation. Let us work on your behalf.
Don’t wait - get an experienced attorney on your side to help you with everything that comes next so you can get the compensation you deserve or the advice you need when you need it most.
If you wish to speak with one of our lawyers, call 866-640-7117 or contact us today.
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