Are you in need of an experienced employment law litigation attorney to handle an unpaid wages claim? Our wage and hour lawyer in Orlando, Central Florida, have helped many clients in the past in Orlando, Tampa and throughout the Central Florida area. Call us today!
Both Florida and federal laws mandate that employees be properly compensated for all hours worked. The Florida Constitution and the Florida Minimum Wage Act, F. S. 448.110, requires employers to pay their employees the hourly state minimum wage for all hours worked in Florida. Employees who are not paid the minimum wage may bring a civil action against the employer or any person violating Florida's minimum wage law. The state attorney general may also bring an enforcement action to enforce the minimum wage. The Florida Minimum Wage Act prohibits retaliation or any adverse action against an employee for exercising their rights claiming their unpaid wages. Prior to brining an unpaid wage claim, Florida Statute 448.110 requires the employee to provide written notice to the employer of his or her intention to bring a civil action for unpaid wages and gives the employer fifteen days within which to pay the total amount of unpaid wages or otherwise resolve the claim to the satisfaction of the aggrieved party.
The Florida Constitution, Article X, Section 24(f), provides that "case law, administrative interpretations, and other guiding standards developed under the federal FLSA shall guide the construction of this amendment and its implementing statutes or regulations."
The Fair Labor Standards Act ("FLSA") sets minimum wage and overtime pay standards and requires employers to pay their employees one and one-half times their regular rate of pay for all hours worked per week in excess of forty (40) hours (unless an exception applies).
The FLSA's minimum wage provisions require employers to pay employees, who are not otherwise exempt, a minimum wage. In Florida, the minimum wage is $7.79 per hour. Employers may pay employees on a piece-rate basis and, under some circumstances, may consider tips as part of wages. Tipped employees must receive an hourly wage of $4.77 and their total wage payment must exceed $7.25 per hour. As of January 1, 2014, the minimum wage in Florida will increase from $7.79 per hour to $7.93 per hour. For tipped employees, the hourly minimum wage will increase from $4.77 to $.4.91.
Claims for unpaid wages are time sensitive and you must bring your unpaid wage claim within a certain amount of time or you will waive your right to claim your wages. If you feel that you are owed unpaid wages, contact our office today to schedule your confidential legal consultation. Our Central Florida unpaid wages lawyer has helped many clients in the past and would be honored to help you too. Call us at (407) 205-2330 or fill out our online form provided at the top of this page and we will contact you shortly. We value your privacy and will keep any information strictly confidential.
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