Fair Labor Standards Act

According to the State of Florida Agency for Workforce Innovation, as of June 1, 2011, Florida’s minimum wage increased to $7.31.  For workers who receive tips, the direct hourly wage increased to $4.29 as of the same date.

Employees who are not paid the minimum wage may bring a civil suit to enforce his or her rights under the Fair Labor Standards Act (“FLSA”).  Employees may also choose to file a Fair Labor Standard Act claim where an employer engages in other behavior which violates the Act, such as:

• Paying employees less than the minimum wage for any portion of the time worked, or for time worked in excess of 40 hours per week;
• Requiring employees to perform job duties during breaks, before clocking in, or after clocking out;
• Denying employees break or meal times;
• Automatically clocking employees out for meal times or breaks, whether the employees take them or not;
• Making deductions from paychecks, causing employee pay rates to fall below the minimum wage;
• Failing to compensate employees for all time spent on all required job duties.