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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20030
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have a friend that works at a detailing shop. They demand

Customer Question

i have a friend that works at a detailing shop. They demand that he be there 11 hours per day, six days a week, but they don't pay him hourly, they pay him by the job. He ends up only making less that 300 per week some weeks. Most he has made is 450. Is it legal the way they are doing it?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I guess you would say"at will" full time +
JA: Anything else you want the lawyer to know before I connect you?
Customer: no that's it
Submitted: 5 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 5 months ago.

Hello,

Thank you for the information and your question. Although it is legal for an employer in Florida, and all other states, to pay their employees on a piece meal, or by the job, basis, the employer is still required to comply with minimum wage and overtime laws. In other words, if the employee's wages for the pay period divided by the number of hours he worked during the pay period, comes out to less than minimum wage, the employer must pay them the balance to give them at least minimum wage. In addition, if they work more than 40 hours in a work week, the employer must calculate their "normal rate of pay" by dividing hours worked into wages earned and then pay time and a half for all hours over 40 hours a week.

As you can see, it is a bit complicated, but that is the law. If the employee is not getting at least minimum wage when they make those calculations and not paid overtime, they have two choices to try to resolve the issue, assuming they can't with the employer. One is to file a wage claim with the Wage and Hour Division of the U.S. Department of Labor and the other is to find a local employment law attorney to file suit against the employer.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 5 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 28th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based solely on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.