Most employers treat their employees fairly and pay them in accordance with the law. When an employer is in violation with employment law regarding wages, an employee is permitted to bring a civil suit for unpaid wages when certain conditions are followed. First, the employer must be notified in writing of the employee’s intention to bring a civil suit or action. The written notice must state the wages the employee is entitled to, the date/dates and hours for these dates which were unpaid, and finally the total amount the employee is claiming. Once the employer receives notice, they have 15 calendar days to either pay the total amount claimed or resolve the dispute. If the claim is not satisfied, the employee may then file suit on the claim. At this point, the judge will decide on whether the employee is entitled to the unpaid wages being claimed and the total amount owed.
The Fair Labor Standard Act (FLSA) establishes different areas of employment law, such as minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $8.05, as per the 2016 Florida Minimum Wage Act., effective January 1, 2016. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a work week.
Employers of tipped employees, who meet eligibility requirements for the tip credit under the FLSA, may credit towards satisfaction of the minimum wage tips up to the amount of the allowable FLSA tip credit. However, the employer must pay tipped employees a direct wage. The direct wage is calculated as equal to the minimum wage ($8.05) minus the 2003 tip credit ($3.02), or a direct hourly wage of $5.03 as of January 1, 2016.
Employment Law often requires an Attorney to fight for your rights. If you believe you are not being compensated properly for minimum wage, overtime, tipped wages or being withheld any substantial amount of money from that which is owed to you, speak with Smith and Eulo for a free consultation of your case. Our lawyers are ready to help resolve your issues. Call us at 407-930-8912.