Employee Rights
Oct 12,2016
As of January 1, 2016, the minimum wage in Florida is $8.05 an hour. This minimum wage applies to all employees in Florida State who are covered by the federal minimum wage. However, some industries make allowances for tips and therefore can set a lower hourly pay. For example, food service workers who earn tips as part of their total compensation may earn $5.03 an hour. Allowances are given for employees who are required to maintain their uniforms and for employers who supply meals and lodging.
The Occupational Safety and Health Act is a federal law enacted to ensure that employees work in an environment that is free from recognized hazards. It is part of the United States Code, Title 29, Chapter 15.
Federal laws also protect employees from sexual harassment and discrimination, including race, age, disability and pregnancy discrimination.
Employees who feel their rights have been violated may have the opportunity to bring their complaint before the courts.
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.
Salary for Workweek Exceeding 40 Hours: A fixed salary for a regular workweek longer than 40 hours does not discharge FLSA statutory obligations. For example, an employee may be hired to work a 45-hour workweek for a weekly salary of $405. In this instance the regular rate is obtained by dividing the $405 straight-time salary by 45 hours, resulting in a regular rate of $9.00. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($4.50 x 5 = $22.50).
Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.
Everyone should check this website in order to gather more information on this topic. We need to be aware of the law everywhere we go and in every place we work.
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