The Fair Labor Standards Act (“FLSA”) contains provisions setting the federal minimum wage. Currently, the federal minimum wage is $7.25 per hour. Florida’s minimum wage is currently at $8.56 per hour ($5.54 per hour for tipped workers and they earn at least $3.02 in tip credits). If both the FLSA and Florida’s minimum wage apply to an employee, the employee is entitled to earn the higher of the minimum wages.

The FLSA contains overtime provisions which mandate that non-exempt hourly employees must be paid time and a half for all hours worked in excess of forty hours in one work week. An employee cannot waive his or her right to overtime compensation, and must be compensated for all time worked. Certain workers, particularly salaried employees, may be exempt from the overtime provisions. However, some companies improperly classify certain employees as “managers” despite the fact that their primary job duties are not managerial in nature. Whether you have been misclassified as “exempt”, or are not being paid overtime for work you have performed, our attorneys can assist you and any others affected by your employer’s actions.

Under the FLSA, an employee can collect unpaid wages and unpaid overtime for the period of two years preceding the filing of a complaint. If the employer knew of the violation and committed the violation willfully, the employee can recover one additional year of unpaid wages and overtime. Further, an employee may be entitled to recover an amount equal to the unpaid wages in liquidated damages, as well as reasonable attorneys’ fees and costs.

If you are facing any of the situations mentioned above, contact the Law Office of Nnamdi S. Jackson today.