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. Of course, the employer can still take deductions from an employee who is absent “for personal reasons other than sickness or disability,” i.e., simply refuses to show up for work. Overtime. 450.081 (4). 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. Often times, we see employers providing a job description to employees which would include duties for exempt employees, but in actuality, the real job duties that the employee is performing is non-exempt. This poster describes new laws that mandate paid leave for employees affected by the COVID-19 / Coronavirus epidemic. If salaried employees are paid monthly, this employee would receive $1666.67 a month ($20,000 divided by 12). In fact, Florida laws fail to give many employees certain rights that are bestowed in many other states. Are you a salaried employee? 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. Subsequent litigation halted the implementation of this rule. “Scott Wager & Associates has shown considerable professionalism and consideration in understand my case”– Wayne Z. Federal overtime laws apply. Summary of Florida Wage and Hour Laws The one time when employees are entitled to special protection in FL labor laws about breaks is when the employees are minors. According to the DOL, exempt employees include executive, administrative, professional … Nothing on this site should be taken as legal advice for any individual case or situation. Information about Florida voting leave laws may now be found on our Florida Leave Laws page. Here is a brief overview of how the law actually works for overtime payments: If an employee works more than 40 hours in a given work-week, he or she is normally entitled to an overtime wage of one-and-one-half their normal rate for any hours worked above 40. 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. Wagner was very professional, knowledgeable, and painted a realistic picture of my legal issues.”– Spencer. In a general sense, most exempt employees fall under the law’s “white collar exemptions,” which define workers who aren’t entitled to overtime. Florida's minimum wage is adjusted yearly per state law. Mass Layoffs (WARN) Meals and Breaks. Or, if the employee comes to work late one day and their pay is docked, they are not a salaried employee. Federal overtime law is contained in the Fair Labor Standards Act (FLSA) of 1938. Until an employee’s 18th birthday, Florida labor law requires that minor employees be given at least a 30-minute uninterrupted meal break for every 4 hours of continuous work. Florida labor laws require employers to grant a meal period of at least 30 minutes to employees under the age of 18 who work for more than 4 hours continuously. 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. federalregister.gov/documents/2018/10/03/2018-21521/white-collar-exemption-regulations-public-listening-session, https://www.floridalaborlawyer.com/misclassified-as-exempt-unpaid-wages-for-employees-wrongfully-classified-as-exempt-employees-under-the-law/. Normally, an employer may not make deductions from an employee’s predetermined compensation and still classify the employee as salaried. Before sharing sensitive information, make sure you’re on a federal government site. Information about Florida jury duty leave laws may now be found on our Florida Leave Laws page. An exempt employee may have their salary docked in extremely limited circumstances, including and limited to: 1.) Restrictive Covenant/Non-Compete Agreements, Workplace Training: Harassment, OSHA & HIPPA. In fact, there are neither Florida laws nor federal laws which require an employer to provide a meal break. FLSA was created to provide a minimum standard for how employers across the United States must treat their employees. 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. A nonexempt employee must be paid one-and-a-half times her hourly rate for every hour worked in a week over 40 hours. Sick Days for Salaried Employees. With regard to overtime pay for commissioned employees, the same law holds true. Florida follows the overtime rules of the FLSA, time and one half regular pay rate for all hours worked in excess of 40 in a regular work week. This means that for every hour worked, Florida employees are … Today the FLSA regulates minimum wages, overtime, child labor standards, and recordkeeping rules. I would recommend the firm to a friend or family.”– Melonie D. “Everything that was discussed was clear and concise. 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. Florida labor laws require employers to grant a meal period of at least 30 minutes to employees under the age of 18 who work for more than 4 hours continuously. Florida labor laws do not require employers to provide employees with severance pay. Information about Florida sick leave laws may now be found on our Florida Leave Laws page. This law firm website and legal marketing is managed by MileMark Media. Federal Labor Laws For Salaried Employees While labor laws for salaried employees are designed to afford the same sorts of protections and benefits to all American workers, the implementation of these protections differs depending on whether someone is paid on an hourly or salary basis. No content on this site may be reused in any fashion without written permission from www.floridalaborlawyer.com. The Fair Labor Standards Act (FLSA) classifies employees as exempt and non-exempt from minimum wage and overtime requirements. i would need to know your position with the employer and the duties required for your position. Employment / Age Certification. If it is the first or last week of employment and you did not work the entire week 2.) The federal minimum wage is $7.25 per hour; however, as of January 1, 2018, the minimum wage in Florida is $8.25 per hour. 450.081(4). For example, if the employer only pays an employee for days when there is “work available,” then the employee is not salaried. Under the FLSA and Florida state labor law, overtime is any work performed in a consecutive seven-day period that exceeds 40 hours. The answer depend son whether you are truly salaried. Federal law exemptions apply in Florida overtime rules– below are the most common exemptions: Information about Florida holiday leave laws may now be found on our Florida Leave Laws page. Some employers are stricter than others when it comes to taking time off. 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. 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 rules governing overtime pay are based on the Fair Labor Standards Act (FLSA) of 1938, which also sets out guidelines for a minimum wage and other protections for employees. * Cathleen Scott is licensed to practice in Florida only. 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. Under certain circumstances, an employer is legally allowed to deduct from the pay of a salaried employee. 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. Examples of Labor Laws. 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. Many employees who work in executive, administrative, professional (EAP) jobs are classified as exempt. You also have the right to earn a certain “minimum wage” for regular hours that you work. 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 For more information about exemptions, check out the Department of Labor Fact Sheet. Disability Discrimination (ADA) Discrimination Laws. Federal law states that meal breaks of 30 minutes or more can be unpaid, if employees are relieved of all duties. If so, it is important to understand your employer’s policy on sick days for salaried employees. Florida employers must pay employees time and a half if they work more than 40 hours in a week. Salaried employees are exempt. They are very professional and helpful.”– Paul, “I would like to sincerely thank you for your services…the office is very professional.”– Victoria, “Ms. Any EAP employee who makes less than $455 per week on salary cannot be exempt from overtime requirements. 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.. In this context, a salaried employee means someone who is paid a predetermined amount each pay period–it doesn’t matter if it’s weekly or biweekly–regardless of any variation in the “quality or quantity” of the employee’s work. If you have any questions about whether or not you are exempt from overtime requirements as a salaried worker, you should contact an experienced Florida employment law attorney right away. For instance, an employer might call an employee a “Manager” and provide a job description stating that their primary duty is to manage two or more employees. If a worker performs manual labor, Florida law requires overtime compensation for every hour worked over 10 hours in a day. Federal government websites often end in .gov or .mil. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period. https://www.xperthr.com/.../labor-and-employment-law-overview-florida/218 Payday Requirements. Overtime. The .gov means it’s official. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws. 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. Employment laws can change at a moments notice. This is a common misconception of the law. 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. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract. The FLSA exempts certain employees from this requirement, meaning the employer does not have to pay the overtime rate if the worker meets certain criteria, which is based on their actual job duties (the duties that they actually perform, not what is included on a job description). Under Florida Labor Laws, employees are usually allowed with a 30-minute lunch break and 15 minute short breaks. Florida Stat. This is applicable to employees who work in an 8-hour shift. “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. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. Thus, an employee in Florida covered by the minimum wage laws must be paid a minimum of $8.25 per hour worked. Child Labor Laws. Florida has a minimum wage of $8.46 an hour, which is higher than the federal minimum wage of $7.25 an hour. Under the Fair Labor Standards Act (FLSA), most employees must be paid at least minimum wage for regular work hours and receive overtime pay when total weekly hours reach more than 40. Not all employees are entitled to earn overtime, however. To fall into one of these categories, the employee’s actual job duties must meet all of the exempt criteria. Those who work under 6 hours, they are entitled to a paid break, but not a 30-minute unpaid break. 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. Example: A salaried employee is paid $20,000 a year. The rules contained in the act are enforced by the agency's Wage and Hour Division, which is also responsible for investigating employees' claims of unfair employment practices concerning minimum wage, overtime pay, exempt classifications and working hours. Keep in mind this is a ceiling, not a floor. Information about Florida vacation leave laws may now be found on our Florida Leave Laws page. Possible Changes Coming to the Salary Rule. Sign up for Employment Law Handbook’s free email updates to stay informed. It was increased in January of 2020. click here for important and up-to-date information for employers and employees, Helping You Navigate Workplace Issues in Florida and California. Under Florida labor laws, for employees aged 18 and under, employers have to grant an unpaid meal period of 30 minutes or more for each four consecutive hours of work. See FLSA: Overtime for more information regarding overtime requirements. This minimum wage applies to nearly all employees in Florida, with a few exceptions including student workers, tipped employees and others. Florida’s current minimum wage rate is $8.46. 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. Minimum Wage. There are many cases where an employer hires a person as a salaried employee but under the Fair labor Standards Act, the person is not qualified as a salaried employee and can recover time and a half for their overtime worked. Specifically, many employees in Florida do not even have the right to review their own personnel file. Florida follows the Federal labor laws and does not have any state specific exemptions in its Florida overtime rules, meaning all non-exempt employees must be paid overtime pay of time and a half for any hours worked over 40 during a workweek. Exempt employees are not paid on the basis of their hours, but on the basis of the value of their work to the company. However, if an employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid. There is, however, no legal requirement to provide a workday meal break in Florida, except for employees age 17 or younger. The Department is currently soliciting public comments on how to “determine an updated salary level” in the future. Florida Stat. 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. DOL: Breaks and Meal Periods. There is no such rule for employees who are 18 and older. Currently, the Florida minimum wage of $8.46 an hour is higher than the federal minimum wage of $7.25 an hour, so you are entitled to at least the higher state wage. Labor laws for salaried versus hourly employees are codified by the U.S. Department of Labor in the Fair Labor Standards Act of 1938. The information on this website is for general information purposes only. If you are on FMLA 3.) 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. 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. There are also cases where an employee may be paid on a “fee basis” rather than salary and still qualify as exempt from overtime requirements. Related topic covered on other pages include: Florida labor laws do not have laws governing the payment of overtime. 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. Keep in mind this is a ceiling, not a floor. The Fair Labor Standards Act (FLSA) governs wage and hour laws of nonexempt employees. © 2016 - 2020 Scott Wagner & Associates, P.A. The United States Department of Labor oversees and enforces more than 180 federal laws governing workplace activities for about 10 million employers and 125 million workers. All rights reserved. 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. Minimum Wage for Tipped Employees. Most salaried employees must receive a minimum salary of $455 per week or $23,600 per year and perform job duties specific to their position to qualify for exempt status. Some Florida employers assume that if they put an employee “on salary,” as opposed to an hourly wage, that means they do not have to pay any overtime. Require an employer is legally allowed to deduct from the pay of a salaried employee 455 per on. 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