Melbourne Wage & Hour Lawyer
Every Florida employee has the right to expect an honest day’s pay for an honest day’s work. Many employers try to skirt the rules governing employee pay, however, and it is often left to the worker to seek enforcement of their rights under the law. This can include the right to the state-required minimum wage, overtime pay, and other critical labor protections.
An experienced Melbourne wage & hour lawyer can assist you in asserting your rights. At the Pendas Law Firm, we represent workers throughout Brevard County who are not being paid what they are due under the law. We can help you take appropriate legal action with state and federal agencies, and if necessary by taking your employer directly to court.
Know Your Rights Under Florida Minimum Wage & Overtime Laws
Florida has a statewide minimum wage for employees that is adjusted annually. As of September 30, 2022, the minimum wage is $11.00 per hour. This is scheduled to increase to $12.00 per hour on September 30, 2023, and will continue to rise annually until it reaches $15.00 per hour at the end of September 2026. In addition to the minimum wage, federal and state laws also require Florida employers to pay overtime–at least 150 percent of an employee’s regular hourly wage–for every hour worked in excess of 10 per day or 40 per week.
Florida law does not require employers to offer any form of paid vacation, holidays, or sick leave. There are certain laws requiring an employer to allow unpaid leave, such as to deal with a family or personal medical emergency or to deal with an act of domestic or sexual violence. Employers also do not have to provide any specified break periods under Florida law, although federal law states that if any employer grants breaks of less than 20 minutes, employees must still be paid during that time.
In many cases, an employer may try to avoid its obligations under the wage and hours laws by trying to classify an employee as either an exempt employee or an independent contractor. An exempt employee is someone whose job duties fall under an exempt category, such as an executive, administrative, or professional worker, and who is typically paid a weekly salary. An independent contractor is a worker who is separate from the employer and has the discretion to decide where, when, and how to complete a given work assignment.
Contact the Pendas Law Firm Today
Business owners looking to cut costs will often try and shortchange their workers, either by refusing to pay required minimum wage and overtime, or by misclassifying them as exempt employees or independent contractors. Such actions are illegal and the affected workers can take legal action by either filing a complaint with federal and state labor authorities, or by taking the employer to court.
Our Melbourne wage and hour lawyers can assist you in this process. If your employer is not meeting its legal obligations, contact the Pendas Law Firm today to schedule an initial consultation.