Category: overtime

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.

Identifying Discrimination in the Workplace

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Introduction

Across America, unsuspecting employees are being discriminated against by their employers. At times, the employer’s discriminatory acts or policies are unintentional. Other times, however, employers are purposefully discriminating against their employees for their own benefit. Whether or not the discrimination is intentional is unimportant because workplace discrimination is illegal and should be rebuffed. This legal guide is designed to help employees identify workplace discrimination and protect their rights.

The Civil Rights Act of 1964

Many of the protections afforded to employees come directly from Title VII of the Civil Rights Act of 1964. The Act makes it illegal for an employer, with at least 15 employees, to discriminate against an employee on the basis of color, gender, national origin, race, or religion. Discrimination based on these categories includes failing to hire, termination or demotion, or taking any other action that negatively affects the terms and conditions of employment.

The Americans with Disabilities Act

The Americans with Disabilities Act applies to an employers who employ 15 or more employees. This act protects employees from being discriminated against based on their actual or perceived disability. In order to be protected under this Act, an employee must be a qualified individual with a disability, meaning she is able to perform her job duties with or without an accommodation. Discrimination under this act may manifest itself as failure to hire, termination or demotion, or failure to accommodate a reasonable request for an accommodation.

The Age Discrimination in Employment Act

Under this Act, employers with 20 or more employees are prohibited from discriminating against persons based on their age. In order to be protected under this Act, an employee must be at least 40 years old and have been discriminated against because of his or her age. Many times, this occurs by being replaced by a younger employee. However, that is not the only method of discrimination under this Act.

Conclusion

This guide was intended to help employees identify employment discrimination in the workplace. However, navigating the various employment laws can be very difficult to do on your own. If you feel that you have been a victim of employment discrimination, contact an employment attorney to help you through the process.

Give Me a Break!

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I am often asked if employers are required to give their employees breaks during the day. Unfortunately, the answer to that question is no.
Employers are not required to give their employees breaks during the day, not even a lunch break. It seems logical that employers would be required to provide breaks but, at this time, the law does not force employers to do so.
But like every rule, there are some exceptions. First, employers are required to give nursing mothers breaks to expel milk. In fact, they are even required to provide nursing mothers with a clean, private room to use. Second, employers are required to allow disabled employees to take breaks at work if the break helps with the employee’s disability.