Common Labor Law Violations

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The Most Common Fair Labor Standard Act Violations

The Fair Labor Standards Act (FLSA) is a federal law that defines the primary issues that shape the work environment. The seven federal items listed below comprise the most common violations of Florida Labor Laws caused intentionally or unintentionally by many employers. These violations of the FLSA and Florida Labor Laws may subject the employer to penalties and liability under the law.

MINIMUM WAGE VIOLATIONS: The FLSA has a minimum wage requirement of $7.25 per hour. However, as of January 1, 2013, Florida adopted a minimum wage requirement of $7.79 per hour. A FLSA violation occurs when the employer does not pay the employee for the hours worked, bringing the hourly rate for that period under the minimum wage. Two common examples occur when an employee employer demands work to be done “off the clock.” Or, when an employee does not take lunch breaks but time is still deducted from the employee’s pay.

OVERTIME WAGE VIOLATIONS: Failing to properly pay overtime to a non-exempt employees is one common infraction. The FLSA states that for all employees who are entitled to overtime pay, the employee must be paid at a rate of time-and-a-half the employee’s regular rate of pay for each and every hour worked above 40 hours. There are many exemptions to the overtime law. These laws can easily be missed or misunderstood. It’s always advisable for employers to seek the help of a an employment attorney to properly determine whether the employee is entitled to overtime pay or not. It the employer doesn’t seek out the help of a qualified attorney, many time the employee will.

MISCLASSIFICATION: Misclassification of an employee typically occurs when a employee is deemed by the employer to be an Independent Contractor. There are very specific requirements needed to meet 1099 status, and any infraction of those requirements will result in a misclassification violation. Another common violation is when an employee is deemed to be exempt from overtime pay, but in reality, they are not. Some employers intentionally misclassify an employee in order to save money on payroll and on benefits, while other employers simply do not understand the requirements of the FLSA.

FAILURE TO MAINTAIN RECORDS: The employer is required to keep properly records. From time and attendance, to payroll records. When proper records are not kept, it makes it difficult for an employer to prove the amount of hours that the employee states they have worked.

OFF THE CLOCK WORK: Non-exempt employees who are covered by the FLSA and are guaranteed minimum wage and overtime compensation. Many employers attempt to get around these requirements by having their employees work additional “off the clock” hours. A non-exempt and covered employee is entitled to the minimum wage for every hour that the employee actually worked and for overtime pay for all hours worked over 40 hours in each work week that the employee actually worked.

ILLEGAL DEDUCTIONS: Employers often improperly believe that wages can be legally deducted from an employee’s paycheck for certain issues that arise in the workplace. This sort of internal justice for deductions like shortages, uniforms, supplies, loss of merchandise, and bad transaction, etc., will often reduce an employee’s pay below the minimum wage or reduce required overtime pay which causes a FLSA violation.

RETALIATION: This infraction is often one of the most common FLSA violations, and the most misunderstood. Often times when a situation happens in the workplace, the natural reaction is to handle the manner based on the employers personal code of ethics. While in practicality, it may occur as a justified response. All too often, it results in violations of the Fair Labor Standards Act. The FLSA states that is a violation for any person to “discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.” This includes both oral and written complaints.

If you believe you have experienced any of these Federal & Florida labor law issues in your workplace, please call Berman Law today at (727) 550-8989. Or, if you feel more comfortable please fill out the form on this page to ask your questions and a labor employment attorney will respond to you promptly. There are NO obligations for you to file an employer complaint. We would just like to see you get the answers you deserve.

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