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Am i still required by law to meet the minimum wage per hour for hours worked if an employee creates damage to our company?

Hialeah, FL |

we had an employee who drove trucks over the road ran out of fuel wher he ran out of fuel it required a wrecker truck because he was blocking traffic. we chardge back the wrecker. a lady called from florida labor dept and stated that we must pay at least minimum wage for all hours worked. we understand this, and we due. our drivers are compensated per mile and well exceed that mark for there hour of service. in this case the deduction from his pay would put him under that. what does rthe law say about that?

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Attorney answers 2


You failure to pay at least a minimum wage rate, as required by Florida law, subjects you to a claim. Your seeking compensation for your employees mishaps is a separate action.


You need to pay your employee at least minimum wage in Florida, otherwise, you may be subject to a lawsuit for compensation and possibly other damages. However, depending on the circumstances that caused "damage" to your company, you may be able to bring a separate cause of action.

Please feel free to call either myself, or one of the other attorneys in my office, to discuss your matter in greater detail. You may have the right to be compensated for certain expenses also. However, I would want to speak with you in detail regarding this incident and any possible injuries you may have. Please call my office at (561) 368-3363 or toll free at 1 (855) 368-3363 or visit my website at

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If this information has been helpful, please indicate below.
Mr. Shiner is licensed to practice law in the State and Federal Courts of Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Shiner strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. To learn more about David I. Shiner or the Shiner Law Group, P.A. please call our office at (561) 368-3363 or toll free at 1 (855) 368-3363 or visit website at or

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