Florida, like many other states, abides by the federal Fair Labor Standards Act (FLSA). The FLSA designates tips as the sole property of the tipped employee. Any employer who tries to blatently steal an employee's tips is breaking the law. Tip pooling arrangements...
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Wage & Hour Laws
The Pregnant Workers Fairness Act and reasonable accommodations
Whether you are expecting a child or plan on getting pregnant at some point in the future, it is essential to have a clear understanding of your rights in the workplace, particularly your right to reasonable accommodations from you employer. The Pregnant Workers...
What rights do new moms have at work?
Not only do pregnant workers have rights when at their job, but new mothers returning to the workplace after giving birth to their child also have access to certain rights. Understanding these rights and entitlements is a crucial part of properly adjusting to...
What are the overtime pay rules in Florida?
Some states have their own specific laws regarding overtime pay, but Florida does not. Instead, the state follows the federal Fair Labor Standards Act or FLSA. Quickbooks explains that employers must refer to the FLSA when making payments. There may be some...
How employees and independent contractors differ
When you earn money working for a Florida business, how the owner of that business classifies you matters and has far-reaching impacts. There are some significant and distinct differences between employees and independent contractors. These differences include...
The New-Old 80/20 Tip Credit Rule
Under the federal law known as the Fair Labor Standards Act (FLSA), as regulated by the Department of Labor (DOL), employers may take a credit against their minimum wage obligations if an employee regularly receives tips. This is commonly referred to as a “tip...
Nonpayment of commissions in residential real estate
Many salespeople depend on commissions to provide them with income. In some industries, such as real estate, it’s common for salespeople, or agents, to receive no salary at all and to depend entirely on sales commissions. Commissions for residential real estate agents...
When can an employer utilize tip credits?
Employees deserve to be compensated appropriately and most employers want to ensure they are complying with all applicable wage and hour laws. However, issues can get tricky when it comes to employees who receive tips. Under the law, employers are allowed to use...
What’s considered off-the-clock work?
Regardless of the business, there’s usually more work to be done outside of regular hours. Oftentimes in the business world, employers are fortunate enough to have employees who are willing to put in the extra work when needed. Unfortunately, requiring or allowing...
Wells Fargo faces allegations of overtime pay violations
The FLSA, or Fair Labor Standards Act, sets forth overtime pay mandates for nonexempt employees. Under the law, employers must pay nonexempt employees one and a half times their hourly wage for each hour over 40 hours in a workweek. Wells Fargo, the fourth largest...