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Minimum Wage and Commission – Florida Workers Compensation Lawyers

Franks, Koenig, & Neuwelt

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 1½ 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.

Hurt at Work? We Can Help!
Call an attorney at the Law Offices of Franks, Koenig & Neuwelt for a free and confidential consultation today.
(561) 600-4024

Contact us today for a free consultation so we can discuss your situtaion.  It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

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See what Our Clients Have To Say

Florida’s Most Trusted Workers’ Comp Attorneys

Devin Major
Devin Major
August 9, 2022.
Verified
Best team I had ever working for me I really hope anybody who needs legal advise call them
Gregory Diggs
Gregory Diggs
August 4, 2022.
Verified
I recommend this law firm to anyone with a worker's compensation case. The staff does a great job and they treat you like family. Judd Koenig was my attorney and went the extra mile and then some more securing my a nice settlement of my case.
Cynthia Murray
Cynthia Murray
August 3, 2022.
Verified
Great Attorney thank you Eric Lakind and staff Attentive, friendly, answered ever questions got results when I could not do it myself Cynthia
Naisha Dorvilus
Naisha Dorvilus
August 2, 2022.
Verified
Lisa was my lawyer she asked me questions and was very helpful. She and her team communicated with me about my cause and I'm super happy with her service.i will definitely recommend her and her company
Jaime Ieli
Jaime Ieli
July 29, 2022.
Verified
My husband was hurt and never dealt with an attorney before. He looked up attorneys online & thru the grace of God got Lissa Dorsey as his attorney & she was truly amazing! She was very involved, always returned our phone calls & made the whole process as easy for us as she possibly could while my husband treated with Dr's and started his healing process. I would recommend her to any & everyone without a doubt.
Evelin Hernandez
Evelin Hernandez
July 21, 2022.
Verified
Best law firm in Palm Beach County, Lisa and Kim were the best. I recommend this law firm to everyone.
Tammy Dault
Tammy Dault
July 20, 2022.
Verified
Wasn't sure how it would work with me being in one town and lawyer in another but it all worked out in the end thank you for all your hard work.
Brandon moore
Brandon moore
July 19, 2022.
Verified
Great understanding lawyers! They were great in getting me a fair settlement and quick to respond to any questions I had. Thanks Kim and Lisa!
john heller
john heller
July 12, 2022.
Verified
They were always responsive to my calls did an excellent job of getting everything I needed. When it came time To settle my case Andy and J did an excellent job I’m very happy with the outcome and very happy with this law firm I would highly recommend them!!!!

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Remember, the consultation is free, and if you choose The Law Offices of Franks, Koenig & Neuwelt to represent you, you won’t pay for our services unless we win a settlement for you.

Why Choose Us

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Experience

A combined 100 years of experience in work-related injuries 

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We know how to fight insurance companies

We make sure you are not taken advantage of, even when powerful insurance companies who are notorious for trying to deny your care.

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A Passion For Advocacy

Every person on our team has a passion for helping people and fighting for their rights.