Unpaid Wages / Payment Disputes

Unpaid Wages/ Payment Disputes

Let Our Florida Employment Law Attorneys Help

Fewer things are more frustrating than doing a job well and not getting paid for it. Similarly, getting paid less than what you were originally promised can be equally terrible. If you’re encountering problems with your employer, don’t hesitate to call one of our experienced Florida employment law attorneys. You shouldn’t have to face this kind of situation alone.

Unpaid Wages & Commissions

Under Florida law, you have an advantage if you’re pursuing a case against your employer for unpaid wages. Even if you’re no longer employed, you still have a statutory right to recover unpaid wages separate and apart from filing a claim under the Fair Labor Standards Act, a federal statute that governs minimum wage and overtime payments. As an employee, you must be paid at least the highest minimum wage per hour that applies where you work, which could be federal, state, or local. Employees such as baristas and waiters can be paid a lower amount as long as their tips make up the total hourly difference.

Likewise, unpaid overtime is one of the most prevailing wage violations committed by employers. Florida doesn’t have its own laws regarding overtime, but federal law provides an overtime standard. The standard obligates employers to pay eligible employees overtime when they work more than 40 hours in one workweek.

If an employer owes you commission or wages, you can be awarded prejudgment interest on the sum owed and punitive damages aimed to punish the at-fault employer.

Final Paycheck

Florida doesn’t have specific laws regarding the timing or manner of an employee’s final paycheck. However, an employer should pay employees on the next regular payday following the employee’s separation from the business. If you’re having trouble collecting your final paycheck from your employer, you can file a complaint directly with the U.S. Department of Labor. For assistance with your claim, you can also contact our skilled attorneys for help.

Misclassification

Employee misclassification as an independent contractor is one way employers attempt to pay for critical benefits and protections they are entitled to by state and federal law, such as minimum wage, overtime compensation, family and medical leave, safe workplaces, and unemployment insurance. The U.S. Department of Labor’s Wage and Hour Division works with the IRS and many states to combat this problem and ensure workers get the wages, benefits, and protections they need. They have entered into an agreement with the Florida Department of Revenue, General Tax Administration with the mutual goals of providing clear, accurate, and easy-to-access information regarding employment laws for employers, employees, and other stakeholders. If you’ve been misclassified in an attempt to prevent you from getting the benefits, protections, and wages you deserve, you may be entitled to compensation. Your employer could also face punitive damages.

Contact Our Experienced Attorneys Today

Make sure you have a skilled Florida employment law attorney on your side if you decide to pursue a case. Your employer may have access to more resources than you if you decide to pursue compensation. However, the law is likely to favor you if your employer has committed a blatant violation of employment law. LeavenLaw is an excellently rated law firm that has more than 40 years of collective legal experience to put to work on your case.

Trust your case to us. Contact our firm for a free consultation today.