Legal Question in Employment Law in Florida

work for an AC/plumbing company in Florida. They require that the 2 car's rotate the after hours cell phone every other week including weekends. They are a 24/7 company. They pay us $10 extra a day and $5 for every call that a tech goes too. Are they paying us legal wages for this?


Asked on 5/01/14, 8:22 am

1 Answer from Attorneys

Daniel Lenghea Daniel Lenghea, P.A.

FLORIDA MINIMUM WAGE HOURLY RATE

Dear Sir/Madam:

To answer your question I would need to know the total amount paid every week and the number of hours worked as the minimum wage is an hourly rate. In Florida the minimum wage is 7.91/hr for untipped employee.

Thus, if they pay you less than that per week for the first 40 hrs then they broke the Federal Labor Standards Act. For every hour in excess of 40 they should pay you 1.5 times your hourly rate.

You should seek the services of a competent attorney who on more thorough examination can determine the strength of your claim.

On issues of labor law most attorneys will not charge you a consultation fee and they will not charge you a representation fee to file a claim against your employer. If your employer is found guilty for failure to obey the labor law the attorney will earn its fees from the employer as the federal statutes provide for attorney's fees should you prevail.

Should you need further information you can contact my office for a free 30 minutes consultation.

Sincerely yours,

Daniel Lenghea

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Answered on 5/01/14, 12:16 pm


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