Although there are both federal and state laws to protect employees from being treated unfairly, unscrupulous employers often try to enhance their profits by cutting overtime pay. As a matter of fact, unpaid overtime is one of the most common abuses of employment wage and hour law. If you are an employee in the state of Florida who feels you have been stiffed when it comes to overtime pay, don’t be a passive victim. Contact the sharp employment attorneys at My.Attorney to clarify your legal options by downloading our app, filling out the contact form or by calling us at #4LAW.
We have up-to-date knowledge of overtime laws in the state of Florida and are committed to keeping you from being taken advantage of. Once you become our client, we will fight aggressively to help you receive any back pay you are owed and make sure you are treated fairly going forward. We will also work hard to get your attorneys’ fees paid and make certain that your employer does not terminate you or otherwise retaliate.
Our employment lawyers have decades of success in handling cases like yours. Once you meet with us for a free consultation, you will feel confident in our ability to save you from being exploited and to see that your employer is punished for violating overtime laws.
Minimum Wage Laws in Florida
Although the federal minimum wage is $7.25 an hour, the minimum wage in Florida, as of January 1, 2019, is $8.46 an hour. You are entitled to receive the higher of the two (or three if there is a higher local law in play). You should also be aware that:
- Florida’s minimum wage will increase annually based on inflation
- If you receive tips at your job, your employer is allowed to pay you a lower hourly wage
- If your tips don’t bring your wages up to the minimum wage, your employer is required to pay you the difference
You should keep track of your work hours to make sure that you are being paid the appropriate amount for each hour of work, including overtime pay when it is deserved.
When are you entitled to overtime pay?
While Florida does not have its own overtime law, Florida employers are subject to the federal overtime standard established by the Fair Labor Standards Act (FLSA). This means that, if you are an eligible employee, your employer is required to pay you overtime when you work over 40 hours in a single workweek.
It is important to note, however, that only nonexempt, hourly workers are entitled to overtime pay. Employees who are exempt from overtime pay are:
- White-collar employees such as managers and executives
- Skilled computer workers
If you are not considered an exempt employee, you are entitled to receive overtime. Overtime pay is time-and-a-half of your hourly rate. If you are ordinarily paid $20 an hour, for example, your overtime pay should be $30 hourly. Also, if your employer decides to give you breaks, you must be paid for them, so if you work through breaks (e.g. eating lunch at your desk) your employer is required to pay you for that time. This means that if your work during breaks brings you into overtime hours, your employer owes you time-and-a-half for those hours.
Damages My.Attorney Can Win for You if You Have Worked Unpaid Overtime
Florida law takes wage violations very seriously. If you consult with the skilled employment lawyers at My.Attorney, we will work hard to bring to justice. Under the FLSA, you are not only entitled to be reimbursed for the money your employer failed to pay you for overtime; you are also entitled to liquidated damages in an amount equal to your unpaid wages. In other words, if the court rules in your favor, your employer will be required to pay twice what he/she originally owed. So, if your employer failed to pay you $1,500 in overtime, you will be entitled to an additional $1,500 in liquidated damages, or $3,000 total.
How Our Employment Attorneys Will Help You File Your Unpaid Overtime Claim
First, we will assist you in notifying your employer in writing that you plan to file a wage and hour claim — a necessary legal step. This notification must include the following information:
- The days and hours for which your overtime remains unpaid
- The minimum wage you should have been paid for those hours
- The total amount of your claim
Once we have sent your employer this notification, she/he is given 15 days to settle your claim. If your employer takes no reparative action, you are free to sue for the sum you are owed and seek liquidated damages as well. We may also be able to persuade the court to make your employer pay your attorneys’ fees since without his/her misconduct you would never have had to bring a lawsuit.
Contact Our Florida Unpaid Overtime Attorney
If your employer has violated the FLSA, you have 2 years from the date of the violation (or the date you became aware of the violation) to file a lawsuit. You will find our unpaid overtime lawyers not only dedicated but savvy as well. We offer you a free consultation because we know that once you meet us we will find us to be legal representatives you can trust to serve your best interests. Contact our team of attorneys by downloading our app, filling out the contact form or by calling us at #4LAW.