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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.
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