https://www.xperthr.com/.../labor-and-employment-law-overview-florida/218 Florida does not have any laws requiring an employer to provide a meal period or breaks to employees 18 years of age or older, thus the federal rule applies. Or, if the employee comes to work late one day and their pay is docked, they are not a salaried employee. If you are on FMLA 3.) This is applicable to employees who work in an 8-hour shift. To fall into one of these categories, the employee’s actual job duties must meet all of the exempt criteria. DOL: Breaks and Meal Periods. Yet, in actuality, the employee’s primary job duty is to manage the register and assist customers with orders – these types of duties could destroy the managerial exemption and make that employee entitled to overtime pay. The Department is currently soliciting public comments on how to “determine an updated salary level” in the future. Thus, an employee in Florida covered by the minimum wage laws must be paid a minimum of $8.25 per hour worked. Please provide your information in the boxes below to stay up to date on the latest Labor and Employment law updates and firm news from Scott Wagner and Associates, P.A. Laws on Paid Time Off for Salary Plus Commission for Employees When you receive a salary instead of an hourly wage, you might not get paid extra for working overtime. Minimum Wage Laws Minimum wage in Florida is $8.56 per hour – which is greater than the Federal Minimum Wage of $7.25 per hour. Receiving a salary is one of the exemption’s three criteria, but many salaried employees don’t meet the other two, and are thus entitled to overtime pay. Possible Changes Coming to the Salary Rule. Therefore, only if the employee fits into one of the exemptions mentioned above is the employer not required to pay overtime to the employee, whether or not the employee earns commission. Under certain circumstances, an employer is legally allowed to deduct from the pay of a salaried employee. Even if an employer claims an exemption for an employee, the employee must be paid a salary of no less than $455 per week–or $23,660 per 52-week year to maintain the exemption – this means tha the employee cannot be paid hourly to be exempt. Wagner was very professional, knowledgeable, and painted a realistic picture of my legal issues.”– Spencer. Federal overtime law is contained in the Fair Labor Standards Act (FLSA) of 1938. Florida Stat. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws. Today the FLSA regulates minimum wages, overtime, child labor standards, and recordkeeping rules. For example, if a computer employee is paid $600 to do a one-time job that takes 30 hours, that would “amount to” $800 for a 40-hour work-week, which exceeds the $455 per week salary requirement. The Fair Labor Standards Act (FLSA) classifies employees as exempt and non-exempt from minimum wage and overtime requirements. Related topic covered on other pages include: Florida labor laws do not have laws governing the payment of overtime. The law requires employers to pay nonexempt employees at least the federal minimum wage and requires the payment of overtime for an employee who works more than 40 hours in a week. Under the FLSA and Florida state labor law, overtime is any work performed in a consecutive seven-day period that exceeds 40 hours. FLSA was created to provide a minimum standard for how employers across the United States must treat their employees. In 2016, the U.S. Department of Labor announced changes to the FLSA that would have increased the minimum-salary threshold for the overtime exemption from $455 per week to $913 per week. URGENT: Mandatory Coronavirus Paid Leave Poster (FFCRA) As of April 1 2020, all employers in the United States with less than 500 employees MUST display or digitally distribute a Families First Coronavirus Response Act paid leave poster.. However, if an employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid. This is a common misconception of the law. “Scott Wager & Associates has shown considerable professionalism and consideration in understand my case”– Wayne Z. * Cathleen Scott is licensed to practice in Florida only. Florida's state labor laws do not create any additional restrictions for comp time, so employers in Florida must abide by the restrictions and provisions set forth in the FLSA. While many salaried employees might fall into a status of exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements, the mere fact that a given worker is salaried does not, in and of itself, establish exempt status. For more information about exemptions, check out the Department of Labor Fact Sheet. In a general sense, most exempt employees fall under the law’s “white collar exemptions,” which define workers who aren’t entitled to overtime. The one time when employees are entitled to special protection in FL labor laws about breaks is when the employees are minors. This law firm website and legal marketing is managed by MileMark Media. The Fair Labor Standards Act (FLSA) governs wage and hour laws of nonexempt employees. If a business has hired a minor to work a shift that is longer than 4 hours, the employee must be given a 30 minute lunch break (paid or unpaid) according to Florida labor laws about breaks. You also have the right to earn a certain “minimum wage” for regular hours that you work. i would need to know your position with the employer and the duties required for your position. Basically, if an employer pays an administrative, professional, or computer employee a flat fee for a “unique job,” and the payment for hours worked would “amount to at least $455 per week,” that is sufficient. Salaried employees are exempt. For example, if the employer only pays an employee for days when there is “work available,” then the employee is not salaried. They are very professional and helpful.”– Paul, “I would like to sincerely thank you for your services…the office is very professional.”– Victoria, “Ms. No content on this site may be reused in any fashion without written permission from www.floridalaborlawyer.com. If salaried employees are paid monthly, this employee would receive $1666.67 a month ($20,000 divided by 12). This salary is divided by the number of pay periods in the year, as set by your company, to determine the salary for each pay period. The .gov means it’s official. 450.081(4). “I was very satisfied with the service and the honest, straightforward answers.”– Arun T. “Very Thorough and very affordable... Staff all extremely helpful.”– Rachel H. “The service has been very good.”– Maxine S. “Service was excellent. Examples of Labor Laws. Not all employees are entitled to earn overtime, however. click here for important and up-to-date information for employers and employees, Helping You Navigate Workplace Issues in Florida and California. They aren't entitled by law to receive a minimum wage per hour or to overtime when they work more than 40 hours a week. Restrictive Covenant/Non-Compete Agreements, Workplace Training: Harassment, OSHA & HIPPA. Before sharing sensitive information, make sure you’re on a federal government site. See FLSA: Overtime for more information regarding overtime requirements. Labor laws for salaried versus hourly employees are codified by the U.S. Department of Labor in the Fair Labor Standards Act of 1938. This means that for every hour worked, Florida employees are … Some employers are stricter than others when it comes to taking time off. Many employees who work in executive, administrative, professional (EAP) jobs are classified as exempt. In fact, there are neither Florida laws nor federal laws which require an employer to provide a meal break. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. For more information on Florida’s minimum wage laws, visit our Florida Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages. Specifically, many employees in Florida do not even have the right to review their own personnel file. There is, however, no legal requirement to provide a workday meal break in Florida, except for employees age 17 or younger. I would recommend the firm to a friend or family.”– Melonie D. “Everything that was discussed was clear and concise. Florida labor laws do not require employers to provide employees with severance pay. Employment / Age Certification. Normally, an employer may not make deductions from an employee’s predetermined compensation and still classify the employee as salaried. Florida’s current minimum wage rate is $8.46. This minimum wage applies to nearly all employees in Florida, with a few exceptions including student workers, tipped employees and others. Any EAP employee who makes less than $455 per week on salary cannot be exempt from overtime requirements. Sign up for Employment Law Handbook’s free email updates to stay informed. Information about Florida voting leave laws may now be found on our Florida Leave Laws page. Florida does not have any laws requiring an employer to provide a meal period or breaks to employees 18 years of age or older, thus the federal rule applies. Sick Days for Salaried Employees. Minimum Wage. While the federal minimum wage is $7.25 per hour, Florida’s minimum wage is currently $8.25 per hour (thus, as explained above, Florida employees are entitled to receive a minimum wage of $8.25 per hour. Child Labor Laws. Florida's minimum wage is adjusted yearly per state law. Information about Florida vacation leave laws may now be found on our Florida Leave Laws page. According to the DOL, exempt employees include executive, administrative, professional … LABOR: Ch.435-452: Chapter 435: EMPLOYMENT SCREENING Chapter 440: WORKERS' COMPENSATION Chapter 441: EMPLOYEES TRUST BENEFIT PLANS Chapter 443: REEMPLOYMENT ASSISTANCE Chapter 445: WORKFORCE SERVICES Chapter 446: JOB TRAINING Chapter 447: LABOR ORGANIZATIONS Keep in mind this is a ceiling, not a floor. 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