Labor Law Brief Introduction I 

Labor Law Brief Introduction I 

刘庆贺律师事务所专栏/Column of Law Offices of Liu and Associates,  P.A.

By Ying Yu, Esq. and Mark McMillan, Esq.

The law firm has recently received frequent requests from client regarding to labor law issues, most of them are restaurant operators. Some of the cases are about defending the request of salary and tips from hired or pre-hired staff, and some are about the request of collection of employee information sent by the Department of Homeland Security to the business owner. Due to the increased case intensity, we believe it will be helpful, especially helpful to the Chinese and Asian community, to briefly introduce the basic principles of the labor law.

Minimum Wage

As of January 1, 2019, the minimum wage in Florida increased to $8.46 per hour. The minimum wage was $8.25 for 2018, $8.10 for 2017 and $8.05 for 2016. Each year, according to Florida wage laws, Florida’s minimum wage is subject to annual increases based on inflation.

Miami passed a city ordinance to raise the citywide minimum wage to $13.31 by 2021. The first increase to $10.31 was set to go into effect on Jan 1, 2018 and increase $1 per year until 2021. However, several business organizations filed suit against the city in December 2016 over this ordinance. In March 2017, the judge invalidated the ordinance. The city’s attorneys appealed this decision; however, on December 13, 2017, the appellate court agreed with the district court and struck down the city ordinance, holding that only the Florida state legislature had the power to set the minimum wage rate and develop new Florida wage laws.

Overtime Wage

Florida overtime laws essentially defer to federal law. Florida follows the Federal labor laws and does not have any state specific exemptions in its Florida overtime rules, meaning all non-exempt employees must be paid overtime pay of time and a half for any hours worked over 40 during a workweek. Federal law exemptions apply in Florida overtime rules– below are the most common exemptions:

· Professional

· Executive

· Computer Employee

· Administrative

There are no Florida overtime laws that require additional pay for work completed on weekends or holidays. Vacation, holiday or other pay for time not worked is not required by Florida employers and is at the discretion of each individual employer. The state of Florida does not have overtime laws in place that differ from Federal labor laws. If you feel that your rights have been violated, you should contact an attorney practice labor law.

Hour Issues, Wage Deduction and Other Issues

Florida law does not mandate specific pay periods nor does the Federal law. Breaks are also not required to be given to employees. However, if an employer gives breaks to their employees, they must follow the Federal requirements. These requirements state that when breaks of 20 minutes or less are given, they must be paid. Meal breaks of 30 minutes or more where the employee is relieved of all duties can be unpaid.

While Florida does not specially address deductions, according to the FLSA, deductions for items such as trade tools, damaged goods, uniforms, and shortages cannot bring an employee’s hourly rate below the minimum wage. An employer may make deductions from an employee's wages if it receives an income withholding order or writ of garnishment.

Neither Florida nor the Federal law requires payment if an employee reports to work expecting to work for a certain number of hours but does not get to work their full schedule.

Health Care Continuation

The Florida Health Insurance Coverage Continuation Act applies to employers with fewer than 20 employees. Florida law allows eligible employees to elect continued coverage for up to 18 months (29 in the case of disability) with a maximum premium of 115 percent of the applicable group rate (150 percent during the 11-month disability extension).

State Law Remedies / Penalties

The same Federal law remedies for overtime violations are available in Florida. Employees can recover all unpaid overtime for two or sometimes three years prior to the filing of a lawsuit.

An employee who has not received the lawful minimum wage after notifying his or her employer and giving the employer 15 days to resolve any claims for unpaid wages may bring a civil action in a court of law against an employer to recover back wages plus damages and attorney’s fees.

Employers may be subject to a $1,000 per violation fine for willful violations. Employees may also be able to bring a wage claim against an employer based on written or oral employment contracts.

Prevention of Retaliation

Florida employers may not take adverse employment action against an employee because he or she has:

· Disclosed, or threatened to disclose, to any government agency an activity, policy or practice of the employer that violates a law, rule or regulation, provided that the employee first brought the activity, policy or practice to the attention of a supervisor and gave the employer a reasonable opportunity to correct it;

· Provided information or testimony in connection with any investigation, hearing or inquiry into an alleged violation of a law, rule or regulation by the employer; or

· Objected to, or refused to participate in, any activity, policy or practice of the employer that violates a law, rule or regulation.

· Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.

Statute of Limitations

Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply. For labor law claims, the statute of limitations is the same as under Federal Law – claims can be made for the prior 2 years (3 years if the violation is willful).

Private actions to enforce the state of Florida’s overtime pay laws and minimum wage laws are usually brought to light by employment law firms. If you think you may be deprived of your Florida overtime pay rights, or you are being sued by the your staff or pre-staff, be sure to contact us for a free and confidential review of your specific situation and whether or not Florida overtime rules have been violated.

The copyright belongs to the Law Offices of Liu and Associates, P.A.

All materials have been prepared for general information purposes only to permit you to learn more about our firm, our services and the experience of our attorneys.  The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice.