Employment Law and the Minimum Wage Rate
Employment law in Florida encompasses many employee/employer related topics including but not limited to: minimum wages, overtime pay, meals and break, vacation leave, sick leave, holiday leave, jury duty leave, discrimination in the work place, voting leave and severance pay. If any of these laws are broken, then an employee may have a claim against their employee. Oftentimes, rules and regulations that an employee must follow are contained in what is called an “employee handbook.”
The current minimum wage rate in Florida is $8.10 per hour. In other words, an employer may not lawfully pay any of their employees less than $8.10 per hour. If violation of minimum wage laws occurs by an employer, the employee may be allowed to seek compensation from the employer along the imposition of other statutory fees and fines.
Exemptions exist from minimum wage requirements with regard to individuals working in certain professions. Such exemptions include: executive exemption, administrative exemption, professional exemption, outside salesman exemption and computer employee exemption. In other words, if an employee works in one of these fields, failure to pay overtime pay to keep the employee at the minimum wage rate for the number of hours they work may not be an actionable violation. For instance, an individual who fits the executive exemption should possess the authority to hire or fire other employees. Executive employees may also have the power to provide recommendations with regard to the hiring, firing, advancement, promotion, and/or any other change of the status of other employees. Also included in the executive exemption are those employees who own at least twenty percent (20%) or more in the company that they work for or actively participate in a company’s management. This is commonly known as the “business owner” exemption. The laws surrounding employment exemptions are extremely intricate and complicated to interpret, therefore, only a knowledgeable employment law attorney should assess whether an exemption exists for a particular employee or whether they are entitled to overtime pay.
The Ticktin Law Group is extremely knowledgeable in employment and labor law matters and offers complimentary consultations. If you or someone you know needs an employment or labor law attorney, contact the attorneys of the Ticktin Law Group today!