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.
The economy always seems to be in a state of flux and most Florida citizens need their jobs to survive. As such, many workers in our state may choose to overlook an employer's actions or inactions that may violate the wage and hour laws designed to protect American employees. It is understandable when people make this decision because they want to keep their jobs, but that does not mean it is the wise thing to do.
Employers are supposed to pay you for the hours you worked according to any hiring agreement or contract and in compliance with federal and state laws. It seems like a simple enough statement, but this one requirement is often much more complex than you can imagine. Frequently, employees are underpaid because of poor accounting practices, misunderstandings about pay requirements or even employer decisions to save money by shorting pay in some way.
Florida recalculates minimum wage requirements each year and makes any changes for the next year known in the last few months of the year. The state has announced an effective minimum wage of $8.05 per hour for 2016. That rate will go into effect on Jan. 1.