Minimum Wage and Commission – Florida Workers’ Compensation Lawyers
Florida Workers’ Compensation Lawyers
Even though the minimum wage in Florida is generally higher than the national standard, minimum wage and commissioned workers throughout the state are still struggling to make ends meet. It’s vital for these employees to be paid the compensation they earned, including overtime.
The federal Fair Labor Standards Act (FLSA) established Florida’s labor laws for minimum wage and commissioned sales and retail workers. In Florida, the minimum wage is $8.10 per hour or $5.08 per hour for tipped employees. Florida employers must follow the federal labor laws and some additional state laws for paying employees.
Exempt vs. Non-Exempt Employees
For any employee, it’s important to understand the difference between being an exempt or non-exempt employee. Among other things, that means the difference between getting overtime pay or not.
- EXEMPT – Very broadly, an exempt employee works in a professional, executive, administrative or highly skilled role. Also, some sales workers who frequently work outside the main office, computer specialists and some transportation workers may qualify as exempt. These exempt employees, who are typically paid a set salary, often work more than 40 hours in a week. While most do not qualify for overtime pay, labor laws protect exempt employees from working excessive hours that would cause the overall compensation to fall below the minimum wage.
- NON-EXEMPT – Non-exempt employees are those who work on an hourly basis. These types of employees who work overtime in Florida are entitled to 1Â½ times their regular pay rate for any work time more than 40 hours a week. For a minimum-wage worker, that means the overtime pay rate would be $11.90 an hour. Non-exempt employees are paid only for the hours worked. Non-exempt employees include manual laborers, practical nurses, paralegals and emergency workers such as firefighters, police and paramedics.
Working on Commission in Florida
Employees who work for tips or commission, like waiters, waitresses and some sales and retail employees, are considered exempt from the minimum-wage requirement. That is, they are paid a base salary of $4.91 an hour, and the tips or commission is counted as wages. The law says that if the employee’s wages, including tips or commission, do not meet the full minimum wage, the employee must be compensated. In many cases, the employer is required to pay tipped or commissioned employees overtime for work in excess of 40 hours weekly.
Florida and Minimum Wage
The rules and laws that govern minimum wage, commission and overtime pay are complicated. It’s no wonder many employees depend on their employers for the best information. However, if the employer is ignoring the minimum-wage law or simply doesn’t understand it, employees may not be getting they compensation they deserve.
Contact Our Florida Workers’ Compensation Lawyers
If you deserve overtime pay, whether you are an exempt or non-exempt employee, you have the right to file a complaint with the federal Department of Labor in Florida. Employers who break the law can face severe penalties including fines. Employees are entitled to lost wages and legal remedies in civil court. Contact our attorneys today for a free case review.
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