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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37045
Experience:  30 years in Employment law
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What is minimum wage right now in Florida?

Customer Question

What is minimum wage right now in Florida?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Good evening and welcome.

Minimum wage in Florida is presently $8.05/hr. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Customer: replied 1 month ago.
what are the rights that are protected by FLSA?
Expert:  Patrick, Esq. replied 1 month ago.

I'm not sure I understand your question?

Customer: replied 1 month ago.
FLSA stands for Florida Labor and Salary Act is is to protect employees from getting underpaid but I am wondering what all can FLSA do as far as employment rights.
Customer: replied 1 month ago.
NO. I do not wish to pay $59 to talk on the phone with you. I'm just wondering what the textbook definition of this Act.
Expert:  Patrick, Esq. replied 1 month ago.

Sorry about the phone offer, that pops up automatically and I don't control it.

I do apologize but I am also still unclear as to what you mean by the "textbook definition of this Act." The FLSA is an extremely complex piece of legislation. Is it possible for you to narrow down specifically what it is about the FLSA that you want to know?

Customer: replied 1 month ago.
The situation is this, My husband works for a towing company and is told by his boss that he must be at the office by 8am and can not go home until 5pm during this time he sits at this office waiting to be sent out to assist a vehicle. He makes 25% commission on the calls he is sent on but that is all. He does not receive hourly pay for the time spent sitting at the office. Can his boss legally do this?
Expert:  Patrick, Esq. replied 1 month ago.

Thank you.

This sort of compensation structure is legal provided that the commissions are equal or greater than what minimum wage would be for the total number of hours worked each pay period. So, for example, minimum wage is $8.08 in Florida. If your husband worked 80 hours i a given pay period, minimum wage law would mandate that he receive at least $646.40. If his commissions for the pay period equal more than that, his employer doesn't need to pay anything more--even if your husband is spending most of his time sitting around and not actually earning any commissions. If your husband's commissions are less than $646.40 in the above example, his employer would have to make up the different. For instance, if his commissions were $500 then his employer would have to pay an additional $146.40. This analysis would be conducted every pay period to determine compliance.

I hope this clarifies things. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Customer: replied 1 month ago.
Isn't he suppose to get paid time and a half for anything over 40 hours in a week?
Expert:  Patrick, Esq. replied 1 month ago.

Yes, he would be entitled to overtime.

Customer: replied 1 month ago.
doesn't FLSA state that the company should have his hours he works each week printed on the pay stubs? They do not have his hours printed on them. But he works at least 60-70 hours a week but his check is never more than $250-$300
Expert:  Patrick, Esq. replied 1 month ago.

Then it sounds like he is not being paid properly. He can file a complaint with the Department of Labor and have them investigate to determine exactly what he is owed.

I hope this helps.

Expert:  Patrick, Esq. replied 1 month ago.

If I have answered your questions, please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the attorneys here are not employees of the site and otherwise do not receive credit for spending time with customers. Best wishes to you as you move forward here.

Customer: replied 1 month ago.
This is what his pay stub looks like
Expert:  Patrick, Esq. replied 1 month ago.

I am unable to assist you further this evening as I am heading to bed, so I will go ahead and opt out in case another attorney is online and able to help. Best wishes to you.

Expert:  Ray replied 1 month ago.

Ray a new expert here.He needs to file a wage complaint.They are abusing him here, he should be paid for work over 40 hours at time and a half.Employer can be fined here and he gets back pay he is due as well.

Expert:  Ray replied 1 month ago.

Florida has no state agency that enforces wage and hour laws; see the local DOL offices below.

ESA Wage & Hour Division Fort Lauderdale Area Office
Federal Building, Room 408
299 East Broward Blvd.
Ft. Lauderdale, FL###-##-####br />Phone(###) ###-####br />Fax(###) ###-####/p>

ESA Wage & Hour Division Jacksonville District Office
3728 Phillips Highway Suite 219
Jacksonville, FL###-##-####br />Phone(###) ###-####br />Fax(###) ###-####/p>

ESA Wage & Hour Division Miami District Office
Sunset Center***** Room 255
Miami, FL###-##-####br />Phone(###) ###-####br />Phone(###) ###-####br />Fax(###) ###-####/p>

ESA Wage & Hour Division Orlando Area Office
Commodore Building Suite 155
3444 McCrory Place
Orlando, FL###-##-####br />Phone(###) ###-####br />Fax(###) ###-####/p>

ESA Wage & Hour Division Tampa District Office
Austin Laurel Building
4905 W. Laurel Avenue, Suite 300
Tampa, FL###-##-####br />Phone(###) ###-####br />Fax(###) ###-####/p>

He can contact nearest DOL branch and file a wage complaint.He is being underpaid and not getting overtime as the stub shows.

Thanks again for the chance to help you.

If you can rate when we are done it is always much appreciated.