Category Archives: Wage and Hour
DOL Is Reviving 80/20 Rule For Tipped Employees: What It Means
In June, the United States Department of Labor (DOL) published an official Notice of Proposed Rulemaking to the federal register. In doing so, the Biden Administration is reversing policy and reviving the so-called ‘80/20 rule’ for tipped employees. In this blog post, you will find an overview of the most important things to know… Read More »
Florida’s State Minimum Wage Is Rising (September 30th, 2021): A Guide To Your Rights
In November, Florida voters adopted an increase to the state’s minimum wage. Under the law and enabling legislation, the state’s minimum wages will increase from the current rate of $8.65 per hour to $15.00 by 2026. This will happen in incremental increases, one is starting soon. On September 30th, 2021 the Florida minimum wage… Read More »
Florida Employer Will Pay More Than Two Dozen Workers $41,000 In Back Wages For Overtime Violations
On August 17th, 2021, the Department of Labor (DOL) announced that two Florida health care centers with common ownership will pay more than $41,000 in back wages due to overtime violations. The two companies—441 Urgent Care LLC and Santos Primary Care Centers PLLC—shared staff members. However, their ownership did not combine hours worked cross-facility… Read More »
Florida Employer Pays $304,466 In Back Wages To Resolve Special Wage Rate Violations
On August 24th, 2021, the Department of Labor (DOL) announced that Sunland Center—a state-funded agency for persons with disabilities operating in Jackson County, Florida—will pay $304,466 to 163 different workers. The DOL determined that the employer violated the Fair Labor Standards Act (FLSA) by paying employees a sub-minimum wage and not offering the support… Read More »
Unpaid Overtime in Florida: Your Guide to Liquidated Damages
Under the federal Fair Labor Standards Act (FLSA), non exempt employees are entitled to time-and-a-half pay (1.5x normal rate of pay) for all hours worked beyond 40 in a given week. Employers that fail to pay timely overtime wages can be held liable. An employee may be entitled to recover compensation for the wages… Read More »
Employee or Independent Contractor? Understanding the Factors Federal Courts Use to Decide Who Is Which
The legal distinction between “employee” and “independent contractor” may not always be clear, but misclassifying a worker with the wrong classification can have severe (and expensive) repercussions. Many business owners think that if simply label a worker as an “independent contractor,” that is the end of the matter. But the law is not quite… Read More »
Keeping Up with the Law: Florida Employers and Employees: The Importance of Keeping Payroll Records
The Fair Labor Standards Act (FLSA) establishes nationwide minimum wage and overtime requirements. To enforce these rules, the FLSA also requires employers to keep accurate payroll records for any worker entitled to receive the minimum wage and overtime pay. According to the U.S. Department of Labor, such records should accurately track an employee’s hours… Read More »
Misclassified as Exempt: Unpaid Wages for Employees Wrongfully Classified as Exempt Employees under the Law
The Fair Labor Standards Act (FLSA) establishes nationwide minimum wage and overtime rules for employers. In general, an employee is entitled to be paid at least the minimum wage and receive overtime pay if he or she works more than 40 hours in a given pay period. But the FLSA also classifies certain employees… Read More »
Unpaid Overtime: When Are You Entitled to Get Overtime Pay at Your Florida Job?
Overtime can be tricky. Do you get overtime based on how many hours you work in a week or in a day? What if you work hours off the clock? Commonly, the confusion stems as overtime laws can vary from state to state and like any attorney may tell you when you ask about… Read More »
Can My Florida Employer Automatically Deduct My Lunch Breaks From My Paycheck?
Are you an hourly employee in Florida whose employer automatically deducts lunch breaks from your paycheck, regardless as to whether you take the break or how long your break may be? If so, is this legal? In short, an employer may deduct a lunch break from your paycheck, but within limitations. Your employer may… Read More »
