Workers in Florida are shielded by labor laws that guarantee good salary payment as well as other employment benefits.
The Fair Labor Standards Act (FLSA) establishes wage and hour regulations that businesses must follow. Sometimes, FLSA infringements emerge, and workers incur losses wrongfully despite their work and effort. This is particularly prevalent in smaller companies, where the owners might be unaware of the contraventions.
The Department of Labor (DOL) is responsible for improving employment conditions, expanding possibilities for lucrative employment, protecting pension and affordable healthcare, strengthening free collective agreements, and tracking changes in employment.
By so doing, the DOL is responsible for enforcing a number of Federal labor laws, such as occupational safety, minimum pay rates, overtime pay, protection against discrimination, unemployment compensation, as well as other income assistance.
Whenever it comes to employment fairness, anything at all from bullying to salary problems could become a concern. At this point, you will have to decide if to submit a Florida state litigation or a federal lawsuit. The worker is expected to first alert the employer of their complaint before filing a state lawsuit.
The employer has 15 days to react to and possibly rectify the complaint. If the organization has not cleared up the case after 15 days, it can always be submitted to the Florida state court. At this point, the worker can speak with a lawyer. A federal case might even be filed.
The procedure of lodgment depends on the nature of your particular instance, but you can start by going to visit one of Florida’s seven DOL offices. Additional details regarding you and your employer will indeed be necessary. Pay stubs and other supporting documents might even help your argument.
Most Common Types of Labor Law Violations in Florida
Regardless of whether FLSA violations are intentional or unintentional, impacted workers are entitled to compensation for lost wages. Some of the basic examples of labor infractions in Florida are as follows:
Table of Contents
- Inability to Pay Minimum Wage
- Nonpayment of Overtime Wages
- Misclassification As An Independent Contractor
- Wrongful Pay Deductions
- You Are Not Being Compensated For Compensable Time Or Earned Bonuses
- Speak with Your Boss
- Ascertain if your employer is obligated by federal law to follow
- Collect the Required Information
- File a Complaint
- Carry out a follow-up
Inability to Pay Minimum Wage
It is important to note that the sunshine state minimum wage is considerably greater than the federal minimum wage. Florida’s minimum wage is $10.00 per hour as of September 30, 2021 ($6.98 for tipped employees). Each worker ought to be compensated at least this sum per hour worked.
Although this may appear to be a simple criterion, businesses can avoid paying the minimum wage by requesting work “off the clock,” neglecting to compensate for overtime work as well.
Nonpayment of Overtime Wages
Whatever work is conducted in excess of 40 hours per week must always be rewarded at 1.5 times the employee’s normal pay rate. Sadly, numerous individuals do not obtain adequate overtime compensation. The primary trigger is when organizations claim that some workers are exempt from overtime legislation even though they are not.
Misclassification As An Independent Contractor
When a professional is recruited, he or she should be categorized as either an “employee” or an “independent contractor.” This difference is absolutely essential because FLSA protects workers but not independent contractors. Employees are obligated to a wide range of perks, such as workers’ compensation as well as unemployment benefits.
If an individual is incorrectly categorized as an independent contractor, they may be denied the substantial remuneration that they are entitled to.
Wrongful Pay Deductions
If a worker obtains an outfit, job supplies, or a shortfall on a register, numerous employers assume they could easily subtract the amount from the worker’s pay packet. In order to avoid FLSA minimum wage demands, several employers can deliberately make deductions that workers do not comprehend or observe.
You Are Not Being Compensated For Compensable Time Or Earned Bonuses
This encompasses any periods worked, including joining conferences, verifying supplies, continuing to work through lunch as well as obligatory breaks, continuing to work after your actual shift, maintenance, or dressing in PPE required for the job or overtime pay.
You are entitled to perks and/or commissions if they are part of your terms of recruitment or employment agreements and you receive them in accordance with those definitions.
Procedures for Reporting Labor Law Violations in Florida
Employers are required to follow both states as well as federal labor regulations. When they do not, they incur economic sanctions, litigation fees, unpleasant court decisions, and sometimes even reputation damage troubles. Despite the above consequences, employers continue to infringe on employee rights.
It only takes five steps to submit a complaint to the Florida Department of Labor. Here’s a step-by-step guide to get you started.
Speak with Your Boss
Prior to pursuing legal recourse against your corporation, initially try to address the issue organizationally. Avoid getting sentimental when contacting your boss. Communicate properly to get your issue resolved.
Ascertain if your employer is obligated by federal law to follow
Notify the WHD to determine whether your complaint is covered by the Fair Labor Standards Act, the Medical Leave Act, or even other constitutional provisions. If your grievance drops beyond the scope of the above statutory provisions, the Department of Labor might be unable to assist you. You should deplete all state resources prior to submitting a federal legitimate complaint.
Collect the Required Information
One of the most crucial aspects of your complaint is the details you provide. Check that you possess all the supporting paperwork.
File a Complaint
There are 2 methods to lodge a complaint with the DOL. You can find the closest DOL office by going to visit their webpage or by calling 1-866-4USWAGE.
Carry out a follow-up
Once you file your claim, the DOL will take over the rest. Your employer’s payouts will be managed by the Department of Labor. The DOL can reprimand your employer if they contravene your privileges. All DOL services are provided at no cost in order to provide you with the best possible work setting.
Labor law incidents can vary greatly depending on the type and magnitude of the labor infringement. If you think your employer has acted illegally with regard to earnings, night work, or just about any work environment situation, you must consult with an experienced Florida labor law counsel right away.
Even if your previous boss continues to threaten or intimidates you, you have the privilege to file a lawsuit against them. Employers with excessive authority and intimidation ought to be made responsible for labor law infringements.