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Chanfrau & Chanfrau

Legal Help for Minimum Wage and Hourly Pay Disputes

By William Chanfrau, Jr. on August 17, 2016

A man at his work deskThe law firm of Chanfrau & Chanfrau has a strong reputation for legal excellence when addressing accident litigation and injury litigation in Daytona Beach. Our team also has a record of success with regard to employment law and workplace litigation matters. We fight for the rights of workers, helping with wage and contract disputes as well as other issues that impact labor law.

The federal minimum wage has come up a fair amount in the general election. We'd like to take a moment to consider legal disputes surrounding the minimum wage and how our team of lawyers can help.

Fair Labor Standard Act (FLSA) Minimum Wage Laws

The FLSA establishes the legal minimum wage at the federal level, meaning that (with exceptions for certain occupations involving tip revenue) no state in the country may pay lower than this federal minimum wage. The current federal minimum wage is set at $7.25 an hour. This federal number was established in 2009, and will likely increase based on changes in the cost of living.

Florida Minimum Wage Laws

States are allowed to establish their own minimum wage based on the needs of their populace and the cost of living in that state. In Florida, the state minimum wage is $8.05. You'll note that this rate is slightly higher than the federal minimum wage. This means that for every hour of work by a Florida employee (again, barring certain occupations with tip revenue), the employee is entitled to a minimum rate of $8.05.

Is Everyone Covered by These Hourly Wage Laws?

No.

In addition to select occupations with tip revenue, there independent contractors, farmworkers, babysitters, and outside sales employees may not be covered by these hourly minimum wage laws. Some of these workers are able to negotiate for a fair rate that at least meets the state minimum wage standards based on qualifications and experience, but not all workers are afforded this luxury.

What This Means for Employers

Employers in the state of Florida must abide by the federal and state minimum wage laws currently in the books. It's important that they treat workers fairly, and that they not attempt to deprive employees from their legally guaranteed hourly compensation.

How Hourly Wage Disputes Can Arise

Sometimes employers pay their employees a lower rate than the laws currently on the books. They may also violate overtime laws, not giving their employees a fair rate of compensation for when they have worked more than 40 hours in a week.

In such cases, employees should first file a complaint with their employer in writing regarding lower wages than the legal minimum. If an employer does not address the employee's claim promptly or in a satisfactory way, legal action may be sought.

How an Employment Attorney Can Help You

Even though federal and Florida laws establish a set minimum wage, the legal system can make employment disputes such as these much more complicated than you think. Certainly these matters are not always black and white. Having a skilled lawyer on your side can help you receive fair wages from an employers, and ensure that fellow employees and future employees are treated fairly and with the dignity that are due.

Learn More About Your Legal Options

To learn more about your legal rights when it comes to pay and wages, be sure to contact our team of employment law and wage dispute attorneys today. The lawyers of Chanfrau & Chanfrau will fight diligently for you in your time of legal need.

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