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Florida Announces 2014 Minimum Wage

by Martin Salcedo, Esq. - The Human Equation on 10/22/2013

Effective January 1, 2014, Florida’s minimum wage will be $7.93 per hour. This is an increase of 14 cents over the 2013 minimum wage of $7.79 per hour. The minimum wage for tipped employees will increase by the same amount to $4.91 per hour

Florida’s minimum wage is the result of a 2004 voter-approved amendment to the Florida Constitution, and it applies to all Florida employees who are covered by the Fair Labor Standards Act’s federal minimum wage.

Every year, Florida’s minimum wage is recalculated to consider the rate of inflation during the prior year, and according to the Florida Supreme Court, only upward adjustments are permitted. More...

Individual Liability under the Fair Labor Standards Act

by Martin Salcedo, Esq. - The Human Equation on 4/3/2013
alarm clock

Did you know that individuals can be held personally liable for violations of the Fair Labor Standards Act (FLSA)? The FLSA’s broad definition of employer includes “any person acting directly or indirectly in the interests of an employer in relation to an employee.” The Eleventh Circuit Court of Appeals recently considered when it is appropriate to hold someone personally liable for wage and hour violations under the FLSA.

In Lamonica v. Safe Hurricane Shutters, Inc., former employees sued their employer to recover unpaid overtime wages under the FLSA. The employees also sued two of the corporate-employer’s directors, arguing that they sufficiently controlled the corporation to justify holding them personally liable under the FLSA. To support their case against the directors, the employees showed that: More...

Is Overtime Pay Required for Managers?

by Martin Salcedo, Esq. - The Human Equation on 9/17/2012

Employers who rely on job titles when determining whether an employee is exempt from federal overtime pay requirements risk being named as defendant in a wage and hour lawsuit.

Employers often assume that the Fair Labor Standards Act’s (FLSA’s) executive exemption automatically applies to any employee given the title of “manager.” The reality, however, is that the manager title has virtually nothing to do with whether an employee qualifies for the executive exemption. More...

Navigating the Family and Medical Leave Act with the Department of Labor’s elaws® Advisor

by Martin Salcedo, Esq. - The Human Equation on 4/10/2012

The Family and Medical Leave Act (FMLA) was enacted to balance the demands of the workplace with the needs of families by allowing eligible employees reasonable leave for various qualifying reasons, including health, military caregiver, and family leave. Though simple in theory, the FMLA can be quite complicated in practice. Since violations of the FMLA can be costly, it is important to understand what the law requires. More...

Paying Employees for Travel Time

by Martin Salcedo, Esq. - The Human Equation on 1/6/2012

Under the Fair Labor Standards Act (FLSA), employers are required to pay employees the appropriate minimum wage and overtime rate for every compensable hour worked. Determining the number of hours worked by an employee is ordinarily a routine matter. However, when travel time is involved, employers must understand that the FLSA treats different types of travel, well, differently. More...

Florida’s Minimum Wage Increasing on January 1, 2012

by Martin Salcedo, Esq. - The Human Equation on 11/15/2011

Effective January 1, 2012, Florida’s minimum wage will be $7.67 per hour. This represents an increase of 36 cents over the 2011 minimum wage of $7.31 per hour. The minimum wage for tipped employees will increase by the same amount to $4.65 per hour, up from the 2011 minimum hourly wage of $4.29. More...

Does an Employee have to File a Written Complaint to be Protected by the FLSA’s Anti-Retaliation Provision?

by Martin Salcedo, Esq. - The Human Equation on 6/9/2011

Like many employment-related laws, the Fair Labor Standards Act (FLSA), which is the federal law governing minimum wages, maximum hours, and overtime pay, includes an anti-retaliation provision. In Katsen v. Saint-Gobain Performance Plastics Corp., Case No. No. 09-834, the United States Supreme Court was called upon to decide whether the FLSA’s anti-retaliation provision protects only those employees submitting written complaints of FLSA violations in their workplace.More...

To Pay or Not to Pay: Internships Under the Fair Labor Standards Act

by The Human Equation, Inc. on 1/12/2011

Many employers utilize the services of interns without giving much consideration to whether these volunteer workers should be compensated. In fact, employers often operate under the assumption that interns never need to be compensated. More...

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Categories: 2011

Florida's Constitution Amendment To Increase Minimum Wage

by Edmund J. McKenna, Board Certified in the Area of Labor and Employment Law - Ford & Harrison, LLP on 10/1/2010

On November 2, 2004, voters in Florida passed an amendment to the Florida Constitution raising the minimum wage from $5.15 per hour to $6.15 per hour. More...

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Categories: 2004

Executive Exemption to Overtime Pay Requirement

by The Human Equation, Inc. on 10/16/2008

We recently hired a full-time employee to assist our warehouse manager, who earns a salary of $500 per week, supervises and directs the assistant's work, and has the authority to report on the assistant's performance to management. More...

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Categories: 2008

Salary Deductions May Jeopardize Exempt Status Under FLSA

by The Human Equation, Inc. on 9/11/2008

Pursuant to the Fair Labor Standards Act's executive exemption, our salaried store managers are not eligible for overtime compensation. More...

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Categories: 2008

FLSA - Outside Sales Exemption

by The Human Equation, Inc. on 9/4/2008

Our outside sales employees travel to prospects' places of business for the purpose of making sales. They are paid strictly on a commission basis and do not receive a fixed salary. Are these employees exempt from the Fair Labor Standards Act's overtime pay requirements? More...

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Categories: 2008

Calculating Overtime Pay When Holiday Pay is Included

by The Human Equation, Inc. on 4/15/2008

During a recent pay period, a non-exempt employee, because she worked on a paid holiday within that workweek, became entitled to 40 hours of regular pay plus eight hours of holiday pay. More...

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Categories: 2008

The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

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