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Miami Florida Fair Labor Standards Act (FLSA) Lawyer
The Fair Labor Standards Act (FLSA), enacted in 1938, is a significant legislation that safeguards workers' rights in the United States. It establishes minimum wage, overtime pay eligibility, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
Our Miami FLSA and overtime lawyer, Nolan Klein, has been fighting for the rights of employees and employers over the last 15 years. He has extensive knowledge and experience in handling overtime, unpaid wages, minimum wage violations, and other labor law issues. If you are facing any of these issues or have questions regarding your rights as an employee or an employer in Miami, Nolan is here to help. Call +1 877.253.5406 or complete our online contact form to schedule a consultation.
Miami Minimum Wage Provisions
As of September 30, 2023, Florida has increased its minimum wage to $12.00 per hour. This change is a component of a more comprehensive strategy to gradually elevate the minimum wage annually by $1.00 every September 30th. The goal is to achieve a minimum wage of $15.00 per hour by September 2026. The city of Miami has also implemented its minimum wage provisions to ensure that employees are fairly compensated for their work. Miami minimum wage lawyers are at the forefront of advocating for employee rights in the city and surrounding areas.
Miami Overtime Pay Provisions
The FLSA requires that employees be paid overtime at a rate of one and a half times their regular hourly rate for any hours worked over 40 in a workweek. This applies to all non-exempt employees, regardless of whether they are hourly or salaried workers. However, there are certain exemptions to this rule for specific job positions and industries. An overtime lawsuit can be filed against an employer who fails to properly compensate their employees for overtime work.
If you believe you have been unfairly denied overtime pay or have questions about your eligibility for overtime, our Miami overtime lawyer, Nolan Klein can help you navigate the complex laws surrounding overtime pay and ensure that you receive fair compensation for your work.
Unpaid Wages in Miami
Unfortunately, wage theft is a common issue in the workplace. Employers may unlawfully withhold wages from their employees through various methods such as failing to pay overtime, not providing breaks, or outright denying payment. This not only violates employee rights but also creates financial strain for workers and their families.
Our Miami unpaid wage lawyer is dedicated to fighting for the rights of employees who have been victims of wage theft.
Under the FLSA, employers are required to keep accurate records of their employees' hours worked, wages earned, and other details related to their compensation. This includes regular pay, overtime pay, and any deductions or additions made to an employee's paycheck.
If you suspect that your employer is not keeping accurate records or is falsifying information in order to withhold wages from you, our Miami wage dispute lawyer can help you gather evidence and build a strong case for your unpaid wages.
Youth Employment Laws
The Fair Labor Standards Act (FLSA) stipulates that individuals must be at least 14 years of age to be eligible for non-agricultural employment. Those who are 18 years or older have no restrictions on the type of work they can do, including jobs that are considered dangerous, and there are no limitations on their working hours. Meanwhile, 16 and 17-year-olds can work as many hours as they want, provided the work is not classified as hazardous.
There is more to youth employment laws than just age restrictions and working hours. Our Miami Fair Labor Standards Act lawyers can help you understand your rights as a young employee and ensure that your employer is complying with all relevant laws and regulations.
Miami FLSA Defense for Employers
The grounds for an employer defense against a Miami FLSA claim vary, but there are several common arguments that employers and their FLSA or overtime lawyers in Miami may use. These include:
Bona Fide Executive Exemption: If an employer can prove that an employee is a bona fide executive, this may serve as a defense. Employees may fall under this category if their primary duties involve managing a business or department, they regularly supervise at least two employees, and have the authority to hire, fire, or significantly influence the job status of other employees.
Administrative Exemption: This applies to employees who perform non-manual work related to the management of the business or its customers, and who exercise independent judgment and discretion in significant matters.
Professional Exemption: This defense can be used for employees who perform tasks that require advanced knowledge and education, and for creative professionals whose work depends on invention, imagination, or talent.
Computer Employee Exemption: If an employee works as a computer systems analyst, programmer, or in a similar role, the employer may be exempt from paying overtime wages.
Outside Sales Exemption: Employees whose primary duties involve making sales or obtaining contracts for services, and who regularly work away from their employer's place of business, may fall under this exemption.
Highly Compensated Workers: Employees who perform office or non-manual work and earn $107,432 or more a year, including at least $684 a week on a salary basis, are exempt from FLSA overtime rules.
Fluctuating Workweek Method: If an employee’s hours of work do not customarily follow a regular schedule but fluctuate from week to week, a fixed salary arrangement might be applicable, resulting in a lower overtime pay calculation.
Good Faith Defense: If an employer can show they acted in good faith and had reasonable grounds for believing they were not breaching the FLSA, this may serve as a defense against a wage and hour claim.
The complexity of overtime laws and overtime lawsuits can make it challenging for both employees and employers to understand their rights and responsibilities. If you find yourself in a situation where you have been denied fair compensation, it is crucial to seek the advice of a specialized Miami Overtime lawyer, a Miami unpaid wage lawyer, or a Miami minimum wage attorney depending on your specific case. These legal professionals can guide you through the process of filing a claim and help protect your rights under the FLSA.
Talk to a Miami Fair Labor Standards Act Attorney Today
If you are a worker in Miami struggling with issues related to overtime pay, minimum wage, or unpaid wages, our Miami FLSA overtime attorney, Nolan Klein, is here to help. Contact us today to schedule a consultation and learn more about your legal options. Don't let your employer or employee take advantage of you – we are dedicated to fighting for fair ground for all in Miami.
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