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Florida Wage and Hour Investigations: What you need to know

Florida does not have its own overtime laws, and although it has a minimum wage law, there are no specific provisions for a state agency to investigate wage and hour violations. Employers must follow provisions of the federal Fair Labor Standards Act (FLSA). The Act gives the U.S. Department of Labor's Wage Hour Division the authority to investigate and gather data regarding the wages and hours of employment for entities subject to the requirements of the Act. Employers that violate minimum wage or overtime pay provisions may have to pay back wages and penalties.
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Equal pay. Anyone who has been discriminated against on the basis of gender may file a civil lawsuit to recover compensatory damages, punitive damages, and reasonable attorney's fees (FL Stat. Sec. 725.07).
Child labor. Florida's statutes set hours of work for minors. The Department of Business and Professional Regulation and its agents may enter and inspect at any time any place of employment covered by the state's child labor laws. Employers must grant the department access to relevant records (FL Stat. Sec. 450.121). A violation of child labor laws is considered a second-degree misdemeanor, which is punishable by a fine of up to $2,500 per offense. Each day during which a violation continues is a separate offense (FL Stat. Sec. 450.141).

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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