Florida Labor Law Attorneys

Wage and hour laws here in Florida cover a wide range of employment practices. The laws are generally outlined by the Fair Labor Standards Act, or FLSA, although the Florida state constitution provides a number of additional protections for employees throughout the state. The upshot for Florida residents is that they are covered by a web of protective labor practices that specifically prohibit common violations such as unpaid wages, unpaid overtime, and excess hours. Any failure to comply with wage and hour laws can result in swift action and employer fines that may as much as double the recovered wages – a considerable disincentive for abusive employers.

What are some of the common ways that employers violate our state wage and hour laws? One of the most popular is by misclassifying employees to render them exempt from overtime. Because the law was written primarily to protect hourly wage earners, salaried employers are usually exempt based on their greater responsibilities and role in the company. It is not unusual for employers to attempt to reclassify hourly employees as salaried employees by granting them a false title. The state frowns heavily on such deceptive practices, however, and such actions will generally be met with fines and back pay for overtime.

One of the most notable exceptions in Florida labor laws is that employees who rely heavily on tips may be paid less than the minimum wage. Employers often abuse this loophole, however, by calling certain positions tipped employees when they are generally not, or worse, by requiring all employees to pool their tips – even with other workers who draw a regular salary above the minimum wage. These practices are illegal, and here at Farah & Farah we have prevailed in a number of lawsuits against employer abuses such as this. One especially odious example: managers and proprietors who take a cut of the tips for themselves.

Finally you may encounter unpaid wages litigation as a result of termination. Although layoffs are generally conducted with professionalism, the same cannot always be said for summary dismissals. Wages, especially the final paycheck, can play an important role in such hostile situations, but the law is clearly on the side of employees: the employer is required to send the final paycheck on the same schedule as they have been paying the employee all along. Anything beyond a prompt final paycheck can be called unpaid wages, giving the employee grounds for action under Florida law.

This all adds up to an expansive safety net for abused employees throughout the state of Florida. Here at Farah & Farah, we are proud to be a part of that system, offering our services on a contingency basis to employees who have been underpaid or unfairly compensated for their work. If you want to learn more about your rights and how best to proceed, we invite you to contact Eddie Farah of Farah & Farah today for a free consultation.