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Travel Time and Meal Deductions Florida

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  • Travel Time and Meal Deductions Florida

    My husband works for a lawn maintenance company, which requires him to go from site to site to perform his duties. His employer states that time spent from the final job site back to the office is not considered "Time Worked". Is this accurate? The other question I have is that his employer deducts 1 hour each day for a lunch break, regardless if he takes lunch or not. Is this legal?

  • #2
    1. No. http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.38.htm

    2. No. http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.13.htm

    He can file a claim for unpaid wages with the federal Dept. of Labor. Florida did away with theirs, for all intents and purposes, several years ago.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thank you for your quick response. I thought it was very helpful. However, when my husband aproached his employer regarding these items--and several others--his employer informed him that since he's a small business owner he only has to follow the following labor laws: minimum wage, overtime, and child labor. His employer isn't a proprietorship or an LLC (if they're not the same), he is in fact a corporation. Does this make a difference? If so, what is the definition of a small business, and why don't the laws apply?

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      • #4
        He may not be subject to the FLSA. If he transacts NO interstate commerce (even buying a piece of equipment from out of state would qualify) AND he does less than $500K in gross revenue per year, he would be correct that he isn't subject to the FLSA. However, I also found this document that states that the higher minimum wage in Florida applies only to those employers subject to the FLSA.
        7. To whom does the minimum wage apply? Florida’s minimum wage law applies to only those individuals entitled to receive the federal minimum wage under the federal Fair Labor Standards Act (FLSA) and its implementing regulations.
        http://www.floridajobs.org/resources...Jan%202007.doc

        I couldn't even find a Florida law that requires overtime pay. Looks like he may be right.

        Hope I didn't get him in trouble. I should have thought to question whether or not the business was subject to the FLSA; it's very difficult for an employer not to be subject, sometimes I forget; I apologize.
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        • #5
          Thank you for your help. No, you did not get him in trouble. It's just hard that when all the other "small business" employers have worked for have followed the FLSA, he now works for one who will do all he can to make a profit off slave labor. Again, thank you very much. You've been very helpful.

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          • #6
            I agree. I think all employers should be subject. Unfortunately, it just isn't the case at this time.
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            • #7
              There are two ways in which employees gain protection under the FLSA - enterprise coverage and individual coverage. It is not necessary that the employer generates >$500k in gross revenues if the employee is engaged in interstate commerce. In other words, if the employee is engaged in interstate commerce, the gross revenue of the employer is irrelevant, and the employee is covered by the provisions of the FLSA.
              Nothing in this post is intended as legal advice. Any advice, citation or analysis contained herein is intended soley for discussion purposes only. If you have concerns regarding your rights under the law, you should consult an attorney.

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              • #8
                Good point, Liberty. I'm just having (and have always had) a hard time imagining how an individual employee could be engaged in interstate commerce when the company was not. In any case, I doubt very seriously that the employee in question here is going outside of Florida to mow lawns. (grin)
                Last edited by Pattymd; 11-03-2007, 07:31 AM.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Originally posted by Pattymd View Post
                  I couldn't even find a Florida law that requires overtime pay.
                  The only thing I could find was Fl. has no state OT rules that differ from FLSA - bummer since he doesn't fall under the FLSA .
                  Last edited by Betty3; 11-03-2007, 05:12 PM.
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