laborlaw
05-23-2005, 09:33 AM
Effective May 2, 2005, Florida's minimum wage is $6.15 per hour. "Employers" must pay Employees" at least a "wage" of $6.15 per hour for all hours worked in Florida. Tipped Employees must be paid at least $3.13 per hour. The definitions of "Employer," "Employee," and "wage" with respect to Florida's minimum wage law are those established under the Fair Labor Standards Act (FLSA).
Minimum Wage
Employers shall pay Employees Wages no less than the Minimum Wage for all hours worked in Florida.
Tipped Employees
Tipped Employees who meet the eligibility requirements for the tip credit under the FLSA, then the Employer may count tips actually received as wages under the FLSA, but beginning on May 2, 2005, the Employer must pay not less than $3.13 per hour in direct wages.
Overtime
At least 11/2 times your regular rate of pay for all hours worked over 40 in a workweek.
Retaliation Prohibited
It shall be unlawful for an Employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this amendment. Rights protected under this amendment include, but are not limited to, the right to file a complaint or inform any person about any party's alleged noncompliance with this amendment, and the right to inform any person of his or her potential rights under this amendment and to assist him or her in asserting such rights.
Enforcement
All employees may bring a civil action in a court of competent jurisdiction against an Employer or person violating this amendment and, upon prevailing, shall recover the full amount of any back wages unlawfully withheld plus the same amount as liquidated damages, and shall be awarded reasonable attorney's fees and costs. In addition, the Employee shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, reinstatement in employment and/or injunctive relief. Any Employer or other person found liable for willfully violating this amendment shall also be subject to a fine payable to the state in the amount of $1,000.00 for each violation. Actions to enforce this amendment shall be subject to a statute of limitations of four years or, in the case of willful violations, five years.
For additional information contact the Wage and Hour Division office nearest you - listed in your telephone directory under United States Government, Labor Department.
Minimum Wage
Employers shall pay Employees Wages no less than the Minimum Wage for all hours worked in Florida.
Tipped Employees
Tipped Employees who meet the eligibility requirements for the tip credit under the FLSA, then the Employer may count tips actually received as wages under the FLSA, but beginning on May 2, 2005, the Employer must pay not less than $3.13 per hour in direct wages.
Overtime
At least 11/2 times your regular rate of pay for all hours worked over 40 in a workweek.
Retaliation Prohibited
It shall be unlawful for an Employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this amendment. Rights protected under this amendment include, but are not limited to, the right to file a complaint or inform any person about any party's alleged noncompliance with this amendment, and the right to inform any person of his or her potential rights under this amendment and to assist him or her in asserting such rights.
Enforcement
All employees may bring a civil action in a court of competent jurisdiction against an Employer or person violating this amendment and, upon prevailing, shall recover the full amount of any back wages unlawfully withheld plus the same amount as liquidated damages, and shall be awarded reasonable attorney's fees and costs. In addition, the Employee shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, reinstatement in employment and/or injunctive relief. Any Employer or other person found liable for willfully violating this amendment shall also be subject to a fine payable to the state in the amount of $1,000.00 for each violation. Actions to enforce this amendment shall be subject to a statute of limitations of four years or, in the case of willful violations, five years.
For additional information contact the Wage and Hour Division office nearest you - listed in your telephone directory under United States Government, Labor Department.
