Gary A Costales PA Employment Lawyer

Category: Employment attorney

Address: 1533 Sunset Dr Suite 150, Coral Gables, FL 33143, USA

Phone: +17864467288

Opening hours

Sunday: Closed

Monday: 9AM–5PM

Tuesday: 9AM–5PM

Wednesday: 9AM–5PM

Thursday: 9AM–5PM

Friday: 9AM–5PM

Saturday: Closed

Reviews

E Mendel

Jun 16, 2022

I was referred to Gary by a friend. I'm glad I had him- he even called and spoke to both of my parents while I was hospitalized. Gary is very caring, attentive, and is an expert for the types of law he practices.

Mariella Biollo

Apr 9, 2022

Gary is a great attorney. Extremely knowledgeable, very humane, and professional. He always made me feel at ease all through out my case. I highly recommend his services. He goes above and beyond the call of duty to address any concerns.

Ok Dry

Jun 12, 2021

Still waiting for a call back. I called 6 times.

Nadine Beavers

Jul 10, 2020

Gary is very professional and clear. His knowledge of employment law was extremely helpful in my case. He came all the way to the Panhandle to assist me. I was told that he is one of the most honest, dependable attorneys in the state of Florida, and that is why I reached out to him. And what I was told was true, he fights for you, he doesn't back down . He is so busy, and still made time to come to help resolve a very important issue. Gary made me feel comfortable and taught me it was my right to step up and speak out without having fear of retaliation, "because retaliation is unethical". I can never thank Attorney Costales enough..

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Questions & Answers

Hi! We are Hong Kong Company, not united states company. We want to hire people to work in MImai (Warehouse workers). Can we pay them 1099 or w2 and as well as payroll tax or however whatelse? B.R Terence Wan Tri Star Trading Co.

Wan Nick | Sep 25, 2019
Gary A Costales PA Employment Lawyer | Sep 24, 2021

W-2 is really your only option for warehouse workers. A worker qualifies as a 1099 independent contractor based on a variety factors, including whether you control their hours, supervise their work, evaluate their work, and provide work materials and a place of work. You should also keep good time records. The law also requires that you pay overtime for an employee who works more than 40 hours per week. You should consult with an attorney if you want to pay a salary to a worker who works more than 40 hours per week.

If you were a salary employee and worked $1600 every 2 weeks but during that time you worked 87 hours. if you were to switch to hourly paid, should the employee divide the hourly pay by 80 hours or by 87 hours

Jeanette Simmonds | Sep 25, 2019
Gary A Costales PA Employment Lawyer | Sep 24, 2021

If you are going to switch to hourly, you can set a pay rate (the regular rate of pay) at any amount as long as it is above minimum wage. If the employee is going from salaried to hourly, you could set a rate of pay that approximates what he or she is already receiving in salary. Overtime is calculated on a weekly basis. Under the numbers you provided, that would be roughly $17.50 ($17.50 x 40 hours per week = $700. $17.5 x 1.5 = 26.25 (overtime rate) x 3.5 hours = 91.88. $700 + 91.88 = $791.88. You need not pay for break periods that are 30 minutes or more. The employee should not have any restrictions for such break periods that are not paid (i.e. you cannot require the person to monitor phone calls on during his or her break period). Overtime is calculated based on actual working time. As an example, if an employee working in 2020 was to work 10 hours a day Monday through Thursday, and then has Christmas as a paid holiday, overtime need not be paid.

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