The laws that apply to overtime in Florida go into effect when a worker clocks over 40 hours in a workweek by entitling the worker to an extra hourly pay. For this reason, most workers are excited to work a few extra hours each week -- even if it can be exhausting. The extra boost in income from putting in the additional elbow grease can really add up fast. But what if your boss doesn't want to pay you the overtime money you have a legal right to?
Florida wage workers slave away at their jobs on a daily basis just to put enough food on their families' tables. This is why, when they work more than 40 hours a week, the right to receive overtime pay can be so beneficial. Working overtime is one way for workers to boost their incomes considerably. It's also a way to ensure that workers receive just compensation for the backbreaking achievement of working more than a 40-hour work week.
If you work an hour, you should get paid for an hour. If you work forty hours, you should get paid for 40 hours. And if you work more than 40 hours, you should receive overtime pay. Nevertheless, some Florida workers do not receive the wages that their employers owe them. This results in numerous lawsuits every year related to hourly wage laws.
Some Miami employers take the position that their employees are lucky to have a job, and therefore they should have to put up with not getting appropriately paid for their work. On the other side of the equation, there are some workers who think they deserve more than their fair share. Regardless which side of this debate you happen to be on, the Law Offices of Gary A. Costales is here to help.
One of the worst areas of employment law abuse relates to overtime. Federal law requires that employers compensate their employees with extra pay if they are required to work above and beyond a 40-hour workweek. Federal overtime standards are clear and specific and if an employee fails to receive appropriate compensation in this regard, he or she can enforce the law in court.
Imagine what it would be like if you had absolutely no security about your job status. Now imagine what it would be like to work more than the standard 40 hours per week and only earn barely enough to get by. Now imagine having to do this with children to care for and nourish. If it sounds like an untenable situation to, then you know have some small understanding of what domestic workers in Florida and the rest of the nation face on a real-life, day-to-day basis.
Unfortunately, tipped employees such as restaurant workers are frequently victims of wage and hour violations. In many cases, employers simply do not understand the wage and hour laws for tipped workers and end up paying them less than the law mandates. Other times, the employer may willfully attempt to pay an employee less.
Regardless of how you feel about them, job-related staff meetings and training sessions have become a part of Florida employment. As to whether or not your employer is legally required to pay you for this time; well, it depends on several factors.
It is no secret that most state economies are struggling. As such, many workers have been laid off and fewer new employees hired on. In some cases, this means existing employees have been charged with picking up the slack. For some, this is satisfactory with one important exception: not getting paid for the increased workload. Travel time is one such task that can slip through the cracks entirely.
On-call time is one of the most complex areas of employment law. Being on-call is a widely-accepted form of labor, especially in the health care industry. However, determining what portion of on-call time is compensable under the law is the tricky part. The federal government addresses the subject of on-call time in the Fair Labor Standards Act.