paul f. penichet, p.a., attorney at law paul f. penichet, p.a., attorney at law
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Overtime
The Fair Labor Standards Act (the Act) provides that an employer must pay one and a half times the employee's normal hourly wage for every hour the employee works over 40 hours in one work week. For example, if the employee earns $6.00 per hour and works 50 hours in one work week, the employer owes the employee $240 (40 hours x $6), plus $90 (10 hours x $9). Therefore, the employee's gross pay should be $310. An employee can recover two years of back wages owed to him or her, and three years of back wages if the employer intentionally failed to pay overtime. If the employer violated the Act, then it must pay the employee's attorney's fees.

Minimum Wage
The Fair Labor Standards Act (the Act) provides that an employer must pay its employees a minimum of $5.15 per hour. For example, if an employee works 40 hours and is paid $200, he or she is being paid only $5 per hour, which is a violation of the Act. An employee can recover two years of back wages owed to him or her, and three years of back wages if the employer intentionally failed to pay minimum wage. If the employer violated the Act, then it must pay the employee's attorney's fee.

Employment Discrimination
Both federal laws and Florida laws prohibit discrimination in the workplace based on race, color, national origin, age, sex, including pregnancy and sexual harassment, and disability or handicap.

Generally speaking, the employer must have at least 15 employees before they are liable under the federal and state laws prohibiting discrimination in the workplace.

You have to report all discriminatory acts and sexual harassment to your employer immediately. The employer may have designated a person to receive complaints about discrimination and sexual harassment in the employee handbook. If no such person is designated, then report it to a manager in the Human Resources Department, or to management.

Before any lawsuit can be filed against the employer for discrimination or sexual harassment, the employee must report the conduct to the United States Equal Employment Opportunity Commission (EEOC), or any state agency that handles such claims. For example, in the State of Florida you may contact the Florida Commission on Human Relations in Tallahassee, Florida. However, it is advisable, but not necessary, to contact an attorney before filing a charge with either the EEOC or the state agency.

 

 

Paul F. Penichet, P.A., Attorney at Law
2151 LeJuene Road, Suite 200
Coral Gables, FL 33134
Phone: (305) 448-8550
E-Mail: pfpenichet@hotmail.com

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