Legal Question in Employment Law in Florida

work discrimination?

I am a plumber in new home constuction. I work at a flat rate, paid by the job, a set pay. Others are hourly. Work is very slow, very slow. When work comes in, it goes to the hourly crews, as the flat rate crews sit at home. They get a paycheck, we do not. My question is, Is this legal, giving one group work, pay, the others nothing? I understand the jobs are scarce, but they are coming in on a daily basis. How does my insurance with the company get paid when I don't get paid?


Asked on 2/28/07, 10:23 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: work discrimination?

If the timing of your payment is the issue, you're in a tough spot because your employer should be paying employees on the same payroll cycle, but there isn't any statute on point. However, you should request prompt payment of any unpaid wages, in writing, to protect yourself. Additionally, if you are working over 40 hours/week but not being paid properly for your overtime, you may have separate claims that you can pursue to recover monies owed to you. Please consult with a lawyer to determine what rights you may have.

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Answered on 3/14/07, 11:26 am


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