Employers must be sure that they comply with the laws that apply to their company. Employers must ensure they remain compliant with the Fair Labor Standards Act (“FLSA”) that was adopted by Congress and is updated from time to time. Employers must also ensure they comply with Florida wage laws.
Understanding the laws surrounding wage requirements, break periods and how to prove compliance can help employers to avoid legal issues as their operations evolve.
Minimum wage requirements
Florida’s minimum wage laws are more stringent than federal standards. The state’s minimum wage is $12.00 per hour, significantly higher than the federal rate of $7.25. It increases to $13 on September 30, 2024. Florida law also mandates annual adjustments to the minimum wage based on the rate of inflation. To remain compliant, it’s essential to keep track of these changes and update payroll systems accordingly.
Overtime pay regulations
Under the FLSA, employers must pay overtime if a non-exempt employee works more than 40 hours in a standard workweek. This pay is 1.5 times the individual’s normal hourly rate. While Florida doesn’t have additional state-specific overtime laws, employers must ensure that their classification of exempt and non-exempt employees is accurate to avoid potential penalties. Misclassification can lead to backpay obligations and other legal consequences. The exemption rules can be cumbersome and provide lawyers representing employees many avenues for identifying violations. The federal government continues to alter the qualifications for exempt status, including the minimum salary required to qualify as exempt. Employers will need to stay on top of these changes.
Breaks and meal periods
Employers in Florida are not legally required to give employees over 18 any meal periods or rest breaks. Nevertheless, from an operational perspective, it can be hard to keep employees without providing them breaks and meal periods. When breaks are provided, federal law stipulates that breaks lasting less than 20 minutes must be paid. Employers should establish clear policies regarding breaks to ensure that any breaks given are compliant with both state and federal regulations.
Recordkeeping and compliance
Maintaining accurate records is vital for compliance with wage and hour laws. Employers must keep detailed records of hours worked, wages paid and any other compensation-related information for at least three years.
If an employee brings a claim against a company, having a legal representative can help to protect the business. They can offer insight about the options for the company, help to address the pending complaint and work to prevent future complaints.