Employment Law Questions? Ask an Employment Lawyer.
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.
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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.
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