Category: Lawyers

Understanding Florida’s Tipped Wage Laws

Posted by Kyle Lee, ESQ. on with 0 Comment

Introduction

In January 2015, the Florida legislature increased minimum wage to $8.05. Although the concept of minimum wage is easily understood (employers must compensate non-exempt employees at an hourly rate of at least $8.05) the law becomes more difficult when applied to tipped wage earners.

Who are Tipped Wage Earners?

Tipped wage earners are defined as those who customarily receive $30 or more per month in tips.

What Does the Law Say?

In Florida, employers are allowed to count an employee’s tips towards meeting the minimum wage requirement. However there is still a requirement that an employer pay an employee the “tipped minimum wage” of $5.03 per hour.

What is a Tip Credit?

You may have heard the term “tip credit” being used in reference to tipped wage earners. The tip credit is the amount of an employee’s tips that an employer may use to fulfill the minimum wage requirement. So in 2015, an employer is required to pay a tipped wage earner at least $5.03 per hour. The employer may then use $3.02 of the employee’s tips to satisfy the $8.05 minimum age requirement.

What if I Didn’t Earn Enough in Tips to Meet Minimum Wage?

If an employee does not earn equivalent to $3.02 per hour in tips, the employer is required to compensate the employee in an amount that will bring the employee’s hourly wage to at least $8.05 per hour.

Conclusion

Most employees in Florida are required to be paid at least $8.05 per hour. When it comes to tipped employees, employers are allowed to use some of the tips to satisfy the $8.05 requirement. If you believe that your employer under compensating you, contact an employment attorney to assist you with that matter.

10 QUESTIONS AN EMPLOYER ABSOLUTELY CANNOT ASK DURING AN INTERVIEW

Posted by Kyle Lee, ESQ. on with 0 Comment
You just got the interview and you are preparing for the questions that your future employer may ask.  It’s a great idea to be prepared, but you should know that there are questions that employers are not allowed to ask during an interview.
  1. Do you have a disability?
  2. How old are you?
  3. Are you pregnant?
  4. What race are you?
  5. Do you suffer from any diseases?
  6. When were you born?
  7. Are you married?
  8. Were you born in the United States?
  9. What kind of accent is that?
  10. Which religious holidays do you observe?
Sometimes employers ask the above questions, or some variation of them, in order to gain information about a prospective employee’s membership in one or more protected class. These questions are illegal because hiring decisions should be made based on a prospective employee’s ability to perform the job duties, not on physical characteristics.