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Florida - Time Clock/Paid hours?

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  • Florida - Time Clock/Paid hours?

    Alright let me first say, I have just recently started for a company as a pizza delivery driver. Which I know throws a million different exemptions into effect.

    However when I Was hired I Was hired in as "5.40/hr plus 1.00 per delivery and tips" This is why I actually accepted the job. It was below minimum wage but at least on a fair night I'd be making something well above minimum wage. However after my first check, I have come to find out that when you are doing a delivery you are clocked out, Making 0.00/hr + 1.00 delivery fee + Tips. This is where we spend most of our time, on deliveries. I worked a total of 14hrs my first week, I made $41.22 between tips and delivery fees. They are paying me for 1hr 15mins of work. That is $47.75 for 14hours of work before taxes. Working minimum wage I would have made $93.38 before taxes.

    I know I am supposed to be making a minimum of minimum wage, even as a tipped employee. But I Was hired in with an hourly wage, is it legal for them to clock me out when I am in uniform and working for the company?

  • #2
    While you are "delivering", you are "on the clock". That is compensable time under the FLSA. See here for the law and your options:

    Now, of course, all this presumes the employer is subject to the Florida minimum wage; the criteria appears to be the same as for that of being subject to the FLSA. If the employer doesn't do at least $500K in annual gross revenue OR does not engage in interstate commerce (ordering equipment or supplies would meet that requirement), they would not be subject to the FLSA. Neither does it look like they would be subject to the Florida minimum wage law either, but this explanation is not very clear to me. You might want to give them a call.
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    • #3
      You may be individually covered under the federal law (FLSA) if you “are engaged in commerce” regardless of the income limits of the employer. If you handle incoming calls while in the pizza restaurant & while taking an order by credit card “you are then engaged in commerce” thus you are covered under the FLSA and the applicable minimum wage in this case $6.67 per hr. If you do not take an order, however you may handle the credit card receipt from the pizza restaurant, and carried to the costumer when delivering the pizza, and the costumer has to sign the credit card receipt and take it back to the restaurant, you may be deem to be engaged in commerce and FLSA may be applicable. The main thing here is that the employee must be engage in commerce, regardless of where supplies are ordered from.

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