Over 1.5 million Americans are paid the minimum wage. Many more millions of Americans make slightly more than the minimum wage. Unfortunately, many of these hardworking men and women actually end up making below the minimum wage amount because their employer violated wage and hour laws and failed to compensate them properly. If you are owed unpaid wages in Florida, please speak with one of our lawyers.
The FLSA and Florida Law
Wage, hour, and overtime law is regulated by both federal and state entities; however, the federally-enforced Fair Labor Standards Act (FLSA) provides the fundamental requirement that employees are to be paid a minimum wage of $7.25 per hour and that non-exempt employees must be compensated 1.5 times their regular rate for any time worked over 40 hours in a single week. Florida has a current minimum wage of $8.25 per hour, which is the standard for workers in the Sunshine State.
Requirements for Tipped Employees in Florida
Under the FLSA standard, one exception to Florida workers receiving $8.25 per hour is if they are considered “tipped employees” who “regularly receive more than $30 per month in tips.” Tipped employees receive a minimum cash wage of $5.23 per hour. Tips are considered to be the property of the employee and the employer cannot utilize the employee’s tip compensation for any reason other than “as a credit against its minimum wage obligation to the employee.”
Tip Credit and Tip Pools
Although the employee has a right to their tips as personal property, FLSA does have a few requirements for this to be the case. First, FLSA allows the employer to take a “tip credit” that allows the business to extract the “minimum obligation for tipped employees that is equal to the difference between the required cash wage and the federal minimum wage.” In addition, FLSA also establishes that the employee concedes their right to retain all their tipped compensation if there is a “valid tip pooling or sharing arrangement” already in place.
Recover Unpaid Wages in Florida
It’s important to understand the requirements established by the FLSA in order to understand whether or not you are owed additional compensation from your employer. As experts in determining if you are owed unpaid wages in Florida, our experienced staff of attorneys can assist you with recovering the compensation you deserve. A wage dispute can be very stressful for an employee, we can help by offering you the right legal advice.
If you are owed unpaid wages in Florida, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.