As is the case in other states, Florida employees have certain legal protections when it comes to their pay.
- The law gives employees additional leverage when it comes to collecting all their earned wages tips and commissions, including certain fringe benefits like earned vacation time. Workers have more legal tools than just relying on their agreement with their employer.
- All employees are guaranteed a minimum wage unless they both receive a salary or other payment and qualify for an exemption from minimum wage laws.
- On a related note, employees who do not fall within an exemption must receive overtime pay when they work over 40 hours in a work week.
Although there are always exceptions, relatively few businesses in the Orlando area will just not pay their employees.
One common reason a business may flagrantly withhold their employees’ wages is financial distress, but even in this case, most managers know they must pay their employees even before other important debts.
What are some subtle wage and hour violations?
Even so, there are businesses in Florida which may in more subtle ways run afoul of state and federal wage laws:
- Employers may misclassify their workers as independent contractors as opposed to employees or improperly claim an employee is exempt from overtime requirements.
- Employers can miscalculate wages, particularly commissions or tips. It is still their responsibility to get their workers’ wages correct, even if the miscalculation is an accident.
- Employers may require improper off-the-clock work. One example is when an employer offers an unpaid lunch break. In Florida, it is acceptable to offer unpaid lunches, but the employer may not require an employee to do work during this time. Employees are generally free to enjoy their personal time.
- Employers may take improper deductions from an employee. Employers may only deduct money from a check where authorized, such as, for example, for taxes or child support or so the employee can pay for voluntary fringe benefits like health care.
- Employers may not expect employees to pay restitution for a mistake out of their check or require them to perform unpaid makeup time to cover for a mistake, even if the employee is fully responsible for the error.
- Finally, it is worth pointing out that employers may not punish employees for asserting their rights under state and federal wage and hour laws.
Florida workers who suspect businesses have improperly withheld some of their pay have legal options to pursue compensation.