I work in a restaurant in Orlando, and was just notified that if any employees forget to clock out, we will be charged $1 each time. Can my employer really do that?
The simple answer would be no. However, if your employer pays you more than the minimum wage for every hour you work, he would not be breaking a law if the $1 deduction did not lower your wages below the state minimum of $8.05/hr. But, you most likely make tips plus an hourly wage. If the $1 deduction lowers your wage below the minimum for a server ($5.03/hr.) then he did break a law. It's not simple but we litigate these cases all the time.See question
I managed a golf club with a restaurant. I have repeatedly warned the chef about her bad temper and anger management issues. In looking back at her work history the last manager has had the same issues with her. I need to act no more warnings
I agree with Mr. Tobin, but would like to and that you should counsel the chef and document the counseling. The documents can be used to fight any claim she may have for unemployment compensation should you terminate her employment for cause. You should consult with a Florida Restaurant Law attorney who is familiar with the hospitality business.See question
I'm in such a heck of a situation here, I'm working for a boss who is basically violating so many health and safety regulations. I work at Subway and my boss is basically making me change date labels on food passed 2 to 4 days old, placing old foo...
If your boss is asking you to break an law (not a subway policy but a law) you can refuse to follow his requests. If he retaliates against you for refusing to follow his requests, you can take him to court pursuant to the Florida Whistleblower Act.
When he lowered you hourly wage, he did not break a law, but he basically fired you and rehired you at a lower rate.
Do you live together with your girlfriend? If you do, you may be entitled to FMLA leave. However, the facts you state do not say how long you worked for your employer and how many other employees he has.
Does your employer pay you overtime? Does he pay you for all of the hours you work? You should contact a Labor and Employment attorney and speak with him as soon as possible to see if you have a case.See question
In biz./biz. dispute, if PL attempts to the deceive FL court by claiming an “initial” award in ADR is the “final” award to obtain judgment when PL knows initial award was appealed in ADR and therefore NOT the final award, no right to judgment, can...
As an alternate method of obtaining attorney's fees for a "fraud on the court," you should read 57.105 Fla. Stat. if in state court and Rule 11 in federal court. Both require you notify opposing party of your intent to seek attorney's fees/sanctions and to give them a certain (usually 21 days) after service of the letter/motion.See question
During orientation at my new job in a nursing home they gave me a book for IV classes and they told me to read 2 chapters every week and hand in the test at the end of the chapters. The book has 13 chapters. I asked if I would get paid for doing...
Make sure you consult with an labor and employment attorney to get the correct answer to your question. There are several facts that are missing from your question that I would need to fully answer your question. Is the class you are taking required by the state of Florida for a license? If it is, the hours you are studying most likely are not compensable because the "work" is not only for the benefit of the employer. If the course you are taking is not a requirement for a license, then it most likely is for the benefit of the employer and you should be compensated for the time spent studying at home. However, you do not state whether you have a contract or not. Plus, you do not say if you are paid a salary or hourly or what your job description is (you may exempt).See question
Employee pay and rights.
If you are non-exempt and work overtime, you must be paid for the overtime. As for giving you a raise, your employer is not required to give you a raise, they are only required to pay you for every hour you work, including overtime hours.See question
I have been working for a company and they have now just informed me that they wont be giving me my benefits and taking away all my vacation and private days after the allotted time it stated in my contract. I was informed and signed a document th...
Whether you have a "valid contract" depends on the language in the "contract." One fact you state is that you will be "eligible for a raise, vacation time and benefits." However, "eligible" may not mean you are entitled to a raise etc. I'd have an attorney who practices in labor law review the contract so you can know exactly what kind of "animal" you are looking at. Additionally, if you are working overtime and not being paid for it, regardless of what the computer says (part-time) you are entitled to overtime (one-and-half times your normal wage). There may also be a violation of the Affordable Care Act if you are a full-time employee but being classified as part-time. We handle cases throughout the state of Florida.See question
I was just terminated from my employer on 3/29/2016. I was considered a salary exempt employee for a bank called C1 Bank. My position was Mobile Ambassador i was hired upon the condition that i would obtain my CDL Class B license (which i did) and...
Difficult question to answer: You may be exempt pursuant to the Motor Carrier Exemption; "Motor Private Carriers are persons other than motor carriers transporting property by motor vehicle if the person
is the owner, lessee, or bailee of the property being transported, and the property is being transported for sale, lease, rent, or bailment, or to further a commercial enterprise." However, there are other required criteria such as whether you were actually "transporting goods, interstate" which would show the exemption does not apply. Whether you are exempt or not will largely depend on the individual facts of your case. Find a good local Labor and Employment attorney in the Miami area and meet with them to review your case.
I work for a company that requires us to be on call for a week. They say that they don't have to pay us to be on call, but that we are only paid if they call us out, and only for the time we are on the call. I am an hourly paid employee. It was no...
On call and being paid depends on how soon you have to be at the work place and how "tied" you are to being in communication with your employer. I agree that it also depends a lot on how restricted you are from living your moral everyday life. It also depends partly on industry standards; was your other job where you were paid for being on call similar?See question
Hi, at my former workplace, the owner had instructed me to not to hire a particular race. I did not file a complaint at the time since I decided to quit for moral reasons. I later filed a complaint with the EEOC but they did not investigate. I ...
Did you complain to anyone before you quit your job? If yes, who did you complain to about your basses illegal behavior?See question