Unpaid Wages Miami
Minimum Wage Violations and Unpaid Wages Miami
Employees are entitled to receive at least the minimum wage per hour worked. Currently, the federal minimum hourly wage is $ 7.25. However, in the state of Florida the minimum hourly wage is set to $ 8.05 as of January 1st, 2015.
The minimum wage per hour varies across different states and localities. You could be entitled to a higher minimum wage depending on the state and locality in which you work.
In a few states, such as California and Alaska, employers are required to pay the full state minimum which is usually much higher than the federal minimum. In other states including Florida and New York, the state requires employers to pay above the federal minimum but not the full state minimum. While in the rest of the states employers are allowed to pay as low as the federal minimum, which is $7.25.
Of course, any employer who pays its employees less than the minimum wage that is standard for hourly rate is violating these rules. In some cases, even an employer who pays more than the minimum wage could be violating these rules. Here are some examples of how this can happen: Underpaying often happens in the case of workers who have earnings from tips. The FLSA (Federal Fair Labor Standards Act) allows employers to pay employees who earn tips a much lower salary of at least $ 2.13 an hour but only if the employee actually earns in tips the amount equal to the established minimum salary for hourly employees, which is $ 7.25. If the employee does not earn at least $ 5.12 in tips per hour, the employer must pay the difference. Some states do not allow employers to pay employees who earn tips lower wages; instead they must pay what is established by law. In the state of Florida the minimum cash wage set for tipped employees is $ 4.91. However, Florida is one of those states that do not require employers to pay the full state minimum, as long as they pay above the federal minimum. State and federal laws set the minimum wage each employee is allowed to receive. Through these laws, it can be clearly identified which workers have the right to obtain overtime pay. Unfortunately, and often, many employees are not under the protection of these legal requirements.
Common Wage Violations under State and Federal labor laws:
- Not receiving the correct minimum wage
- Getting paid less than the minimum for training
- No overtime pay
- Giving tasks to employees outside of working hours and not paying them
- Deducting too much from their tips
- Deducting for wages paid in benefits, such as food or meals
Laws that regulate wages and working hours were created to protect employees and make sure that their employers are treating them fairly with regards to their payment and duties.
Attorneys in cases of Minimum Wage and Unpaid Wages Miami
Lawyers working on cases of unpaid wages and minimum wage violations play an important objective for those who are victims of employers who do not comply by employment laws. At Gallardo Law Firm we have competent attorneys throughout the state of Florida.
Our lawyers will help when you or a loved one has been the victim of an employer who has taken advantage of you. Some common situations include employers who do not pay the minimum set by federal law and commit wage and hour violations in order to get more benefits from your work.
Do not be afraid to claim for the injustice done not only to you but also to your family. It is important to work from the beginning with attorneys in these cases because they know the laws of your state and will guide you in the best path to recovering your financial losses. The cases of unpaid wages and hour violations can become a complicated legal process that requires the special attention of an attorney who can help you successfully dispute your claim and get fair compensation.
Frequently Asked Questions about Unpaid Wages Miami
Each state has different employment laws that regulate wages and hours and which require the employers to pay you at regular intervals, usually weekly or biweekly. When an employer violates these laws they can be sanctioned and this could even result in criminal proceedings. In the case that you are not covered by federal employment law you should contact a lawyer who specializes in this type of law immediately. They will know how to proceed with your case and explain all your rights.
The Federal law that states that you will be paid at least minimum wage for all hours worked is imposed by the United States Department of Labor. However, this law will not protect you when you receive at least the minimum wage for the hours you worked, even if you did not get paid as agreed. In case your state does not have any specific law on this kind of situation, your best option is to consult with an attorney who specializes in employment law. You may want to take action against your employer in a small claims court depending on the amount you are owed for your work.
If you find yourself in this situation where your employer filed for bankruptcy and you have not received your payments or are worried that you may not receive them in the future, we recommend that you speak to an attorney who specializes in employment law. This process can become very complicated and requires special attention. Also it is important that you receive the legal aid before the required deadlines in order to assert your right to a priority wage claim.
1) Are you working over 40 hours and still do not get paid overtime?
2) Is your employer wrongly classifying you as an independent contractor? Do you get paid less than the minimum even though you do not earn tips?