Danialle Riggins's Answers

I was hired as a salary employee (not a mgmnt. position), but am working over 40 hours a week - am I entitled to overtime pay?

Maybe. It depends on how much you earn weekly and what your major job duties are. Employees who are not exempt under the FLSA are to be paid overtime- one and half times your hourly rate of pay for work in excess of 40 hours per work week. To prove that an employee is exempt, the employer must go beyond showing that the employee is compensated on a salaried basis. The employer must also show that the employee falls within one of the law's categories of "exempt" employees. The most common of...

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How long after you get fired can an employer hold your paycheck?

For your last paycheck, do not call send a letter demanding your unpaid wages. In your letter express the exact amount owed or at least which weeks you have not been paid. In the letter, document your attempts to contact them by telephone. Include the dates, times, and whaterver information you can remember. Also, you need to give them a deadline of at least 10 business days to correct the unpaid wages violations. Make sure your former employer has your correct mailing address. Send...

I work at a plant nursery in Florida. They pay me overtime in cash, straight time (no time and a half or taxed). Is this legal?

There is an agricultural exemption. However, it depends on your job and primary function in regards to if the exemption applies to your position. The primary definition includes farming in all its branches and specific farming operations enumerated in section 3(f) such as the cultivation and tillage of the soil; the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities; and the raising of livestock. For it defines "agriculture" to include not...

I was fired on Aug 23rd from my employer due to health issues I want to find out my options

There are a few laws that provide rights to employees regarding adverse treatment due to health (serious health conditions, disability, etc.) It would depend on numerous facts that you would have to prove that you were terminated solely due to your medical condition. The laws that first come to mind is Family and Medical Leave Act, American Disability Act, Florida's Workers' Compensation laws. You would need to speak with an employment law attorney and provided several more facts before an...

Misclassified as 1099 in Florida?

Several employers misclassify employees as independent contractors to avoid overtime, worker's compensation coverage, unemployment benefits,etc. If you truly believe that you are an employee- for example your employer sets your schedule, you use the employer's office and equipment, there is no contract stating that you are an independent contractor, etc- then you should inform the employer of its error. If things are not corrected, you can take legal steps to recover any unpaid wages, such as...

My employeer owes me money now he wants to fire me what can I do

If you have performed the duties of your job, you are entitled to your wages. This is regardless of termination or not. On the termination issue, there are several other facts needed to determine if you have a possible cause of action for wrongful termination. Is it because you asked for your wages? Is it because you reported the non-payment of taxes, etc? You would need to speak with an employment law attorney to see if you have any standing for any other action besides seeking your unpaid...

Can an employer post a previous employees social security number and name on a bullitin board for everyone to see??

An employer is to keep employee information such as name. date of birth, social security numbers private. Any exposure of this information to non-human resource or cetain levels of management can be a violation. The former employee should contact an employment law attorney to be properly advise of his/her rights and the proper possible actions.

COMPENSATION FROM EMPLOYER

An employer is liable to pay wages for all work performed by an employee. So if you have worked hours or performed tasks that you should have been compensated for, then you can be compensated for that work.

Company wanting my help in firing an employee

You are right. Florida is a right-to-work state, and if he was an employee than the "company" could terminate the plumber's employment at-will. However, the plumber may not be an employee but an independent contractor. Nevertheless, you may not be obligated to provide the company with a copy of the check at this time. Your question did not include that a criminal investigation was involved or that you were served with any type of subpoena. Under those circumstances, you may have to...