Florida Minimum Wage Act (FMWA)

Overtime and Minimum Wage

Perhaps the most significant risk for employers in South Florida, with more than 1,000 lawsuits filed by employees against employers over the past year alone – the most in the United States – the Florida Minimum Wage Act (FMWA) was passed by Congress in 1938 with the intention to protect employees from potentially abusive practices by employers and to promote hiring of more individuals during the Great Depression. However, although the FMWA has been in existence for eighty years, little has changed in it, and many employers and employees do not understand when the FMWA applies to their business and work, or the application of the regulations interpreting the FMWA. Consequently, for example, both employers and employees may mistakenly believe that because an employee is paid on a salary basis, the employee is exempt from the overtime and minimum wage requirements of the FMWA. The FMWA regulations provide for a much wider range of covered or non-exempt employees. The FMWA carries with it substantial penalties for violations of its provisions, including the payment of overtime claims with penalties, damages, and attorneys’ fees. Also, although ordinarily protected by the corporate structures in other matters, individual employers and managers can be personally liable for violations of the FMWA.

With extensive experience litigating FMWA claims through dismissal, summary judgment, and jury trials, our attorneys are able to provide helpful insight, as well as strong and firm defense against opportunistic Plaintiffs. We also help represent employers in FMWA compliance matters before the Department of Labor and County Commissions. We help employers understand the FMWA and set up safeguards to avoid or lessen potential FMWA liability, while saving on unnecessary costs of labor. We apply our in-court expertise to effectively represent employers who find themselves sued by individuals or groups of employees. While we are known for defending employers, we also represent occasional employees with unusual compelling circumstances in overtime pay and wage claims. Whether the help you need is in defending a matter already in Court, or crafting and designing policies that will help you avoid such issues, Defender of Business by Adi Amit, P.A. has the resources, the perseverance, and the know-how to fight for you.