Employment Law Alert : Florida Minimum Wage and Overtime Payments

     Effective immediately, the Florida minimum wage has been increased to $8.05 per hour. The federal minimum wage remains at $7.25 an hour. All employees working in Florida are entitled to the higher minimum wage.

     In addition to paying the minimum wage for each hour worked, employers also need to comply with the federal overtime statute, the Fair Labor Standards Act (“FLSA”). The FLSA provides that employees, except those who fall within the “professional,” “administrative,” “executive” or “computer” exemption, must be paid time and one-half for all hours worked in excess of 40 hours per week. Employees cannot agree to “waive” their right to overtime pay, nor can “compensatory time” be offered to non-exempt employees in lieu of overtime pay.

     In addition, employers should require that ALL employees, exempt and non-exempt, keep accurate track of hours worked per day. All employers are also required to maintain certain records of its employees:

      -name of the employee;

      -home address;

      -date of birth, if the employee is under age nineteen;

      -sex of the employee;

      -occupation in which the employee is employed;

      -day of the week and time at which the workweek begins;

      -the regularly hourly rate and the basis on which wages are paid;

      -hours worked each day and week;

      -daily or weekly straight time earnings;

      -weekly overtime excess compensation;

      -deductions from or additions to wages;

      -wages paid each pay period; and

      -the date wages are paid and the period covered by such payment.

    A prevailing employee/plaintiff in a wage dispute will be entitled to his/her damages, liquidated damages if the violation was willful, and attorneys’ fees/costs.