Did you know that U.S. employers steal billions from workers’ paychecks every year? It can feel incredibly frustrating when your hard work yields less money than you’ve rightfully earned. Labor violations across the nation, including Florida, are more common than you might think. If you work (or previously worked) for a company based in Florida, you should know what your employee rights are. And with the help of an employment lawyer, Florida-based attorney Mark J. Berkowitz can advocate for those rights.
5 Common Wage and Hour Violations in Florida
Violations of wage laws and hour laws occur whenever an employer fails to comply with state and federal laws regarding compensation and working hours.
There are several ways to violate Florida employment laws, and these 5 tend to be the most common:
1. Unpaid Overtime
In most cases, non-exempt employees (those not on salary) must receive overtime pay when they work more than 40 hours a week at a rate of 1.5x their hourly base rate. Often, an employer will try to circumvent overtime laws by misclassifying an employee as exempt when they should instead be paid by the hour. An employment lawyer Florida workers can count on will help determine if misclassification occurred.
2. Not Paying Minimum Wage
Each state, including Florida, has a set minimum wage, and an employer cannot pay below that amount. Currently, Florida’s minimum wage is $13.00, and it is scheduled to reach $15 by 2026. This is higher than the federal minimum wage standard, and Florida employers must follow the state standard.
3. Classifying Workers as Independent Contractors
In addition to sometimes getting the distinction between exempt and non-exempt employees wrong, companies may also classify a worker as an independent contractor. Employers often do this to avoid paying benefits, overtime, and workers’ compensation.
An independent contractor classification can also shift legal liability, which can be catastrophic for an employee. In a situation like this, it’s vital to seek the help of an employment lawyer. Florida attorneys can help in this area.
4. Withholding Final Paychecks
If you quit or are fired, you have probably logged hours for which you haven’t yet been paid. Employers are required to promptly pay outstanding balances owed so that you are adequately compensated for the hours that you’ve worked.
5. Making Illegal Deductions
If your employer supplies you with items that you need to complete your duties, such as uniforms, tools, and other costs, the law varies about who should pay for these. If you are on the hook for these expenses, but the deductions bring your compensation below Florida’s minimum wage, the employer has committed a violation.
Employee Protections Provided By Florida Law
Even if you haven’t yet contacted an employment lawyer, Florida has several protections afforded to anyone working in the state. In addition to overtime laws, you are also protected against discrimination.
For example, your employer cannot fire (or refuse to hire you) due to any of the following factors.
- Race
- Skin color
- National origin
- Religion
- Gender
- Marital status
- Pregnancy
- Age
- Disability
Discrimination claims can be filed against an employer who has engaged in any of the above types of discrimination. An employment lawyer Florida workers trust can help you understand your options and pursue justice.
Contact an Experienced Employment Lawyer – Florida
Victims of wage and hour violations need to act fast to protect their rights. There are statutes of limitations that can bar the length of time you have to file a claim. Plus, the longer you wait, the more difficult it can be to gather evidence, as paperwork can get lost and witness memories can degrade.
Get legal assistance from an experienced advocate. Contact Mark J. Berkowitz at (954) 527-0570 for a consultation.