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Florida Personal Injury Lawyers > Miami Wage & Hour Lawyer

Miami Wage & Hour Lawyer

When you work in or around Miami, you have certain rights when it comes to wage and hour laws. In other words, you have a right to be paid a certain amount, to be paid within a certain period of time, and to have access to certain information. There are both federal laws and Florida state laws that protect workers, and it is important to discuss any concerns you have with a Miami wage and hour lawyer. It is also important to understand your rights under the law, and to take action by speaking with an attorney if you believe your rights have been violated.

Minimum Wage in Florida

The federal Fair Labor Standards Act (FLSA) establishes the federal minimum wage, in addition to establishing federal laws concerning a worker’s overtime pay and recordkeeping requirements for employers. Federal law sets the minimum wage at $7.25 per hour. However, the Florida minimum wage is higher. Effective on January 1, 2019, the Florida minimum wage rose to $8.46 per hour.

Accordingly, Florida employers are required to pay non-exempt Florida employees at least $8.46 per hour for hours worked. In addition to being required to pay the minimum wage, Florida employers also are required to post a notice about the Florida minimum wage in each place of employment where workers can see it.

If you were denied the Florida minimum wage of $8.46 per hour at your job in the Mimi area and are not an exempt employee, you may be able to file a claim.

Overtime Pay for Miami Employees

The FLSA requires all covered, non-exempt employees to be paid overtime for any hours worked beyond the 40-hour workweek at a rate of at least one and one-half times the regular rate of pay. For any employees in the Miami area who are covered by the FLSA and are not exempt, overtime pay must reflect the Florida minimum wage of $8.46 per hour (as opposed to the lower federal minimum wage).

In other words, if you are a covered, non-exempt employee and work hours beyond 40 hours per week, each hour over 40 hours must be paid at one and one-half times the regular rate of pay. If you earn the Florida minimum wage, then overtime pay would be $12.69 per hour. If you earn an hourly wage that is higher than the minimum wage, your employer is required to pay one and one-half times your hourly wage amount for overtime.

Meal Breaks and Other Wage and Hour Law Requirements

In addition to minimum wage and overtime pay, employees have many other rights in the workplace, and employers have accompanying responsibilities. For example:

  • Employees must be granted a meal period of at least 30 minutes if the employee is under the age of 18 and works for at least four continuous hours;
  • While employees are not required to have paid meal breaks, any meal breaks must be free from work duties to be a “bona fide meal period”;
  • Employers can only withhold pay for a meal break if it is a “bona fide meal period”;
  • Employees must be paid for all hours worked, including short “breaks” that are less time than a meal break; and
  • Employers have certain recordkeeping requirements under federal law.

Contact a Miami Wage and Hour Lawyer

If you need assistance filing a wage and hour claim, you should contact a Miami wage and hour attorney as soon as possible. Contact The Pendas Law Firm today.

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