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Articles Tagged with Overtime

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Both state and federal laws require employers to follow certain guidelines regarding minimum wage and overtime pay.   A highly effective way in which to comply with these laws is by maintaining complete and accurate records of all employee compensation, including hours worked, meal and break times, vacation days, holidays and other relevant information.No matter how detailed a company’s records may be, employees still file wage and hour claims.  Perhaps the employee feels wronged and decides to seek the assistance of an attorney or government agency to find out more about his or her legal options.  Overall, the employee has the right to pursue a claim with the Wage and Hour Division of the Department of Labor or to file a state or federal lawsuit against his or her company.   Regardless of what the employee ultimately chooses to do in this regard, dealing with wage and hour claims can be time-consuming, costly and result in serious legal consequences.

Having an experienced and skilled employment defense attorney on your side is crucial when dealing with a wage and hour claims.  Specifically, a skilled attorney will investigate the facts underlying an employee’s allegations and develop effective counterarguments and affirmative defenses to protect an employer’s legal interests.  A lawyer needs to prove that the employer acted in good faith, the employee qualified as exempt under the applicable wage laws, or the employee waived his or her rights.

Failure to comply with the federal and state wage and overtime guidelines can subject employers to stiff fines, penalties and expensive lawsuits, depending upon the nature of the alleged violation.  Moreover, employers can also be forced to reimburse employees for any unpaid wages.  The best way for a business to avoid these issues is to keep as accurate a set of records as possible and ensure all managers responsible for personnel thoroughly understand applicable wage and hour laws.

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Entering into an employer-employee relationship carries with it various rules and regulations, especially with respect to compensation and overtime pay.   In other words, failing to pay your employees properly can have serious consequences, such as damage to your company’s reputation, expensive lawsuits and decreased employee morale.  Whether you are a business concerned about compliance or are currently facing minimum wage claims, it is strongly advised that you consult with an experienced Florida employment law attorney.

An Overview of Federal and State Minimum Wage Laws

Under the Fair Labor Standards Act (FLSA) which establishes the federal minimum wage and overtime requirements, hourly employees are entitled to receive no less than $7.25 per hour, as of June 24, 2009.  As long as the employee is 16 years of age or older, there is no limit to the number of hours that he or she can work, on either a daily or a weekly basis.  However, the employer must pay the employee one and a half times their normal wage rate for every hour worked over the regular 40-hour workweek.  Despite a few narrow exceptions, the federal minimum wage laws affect most employees, meaning that very few employers are exempt from the wage and overtime requirements as set by FLSA.

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The importance of employers knowing the rules surrounding how much to pay employees cannot be overstated. When it comes to paying the correct amount of wages for time worked, errors can lead to costly lawsuits, damaging a company’s reputation as well as emptying its coffers. For those establishing a new business in Florida, or who are already in business but are concerned about compliance, a consultation with qualified employment law attorney is strongly advised. In the interim, the following is a brief overview of a common source of confusion, proper classification of employees according to their exemption status.

Exemption status and overtime

The Fair Labor Standards Act (FLSA) establishes wage and hour laws at the federal level. This includes how to define an exempt versus a non-exempt employee.

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