Let Our Experienced Florida Employment Law Attorneys Help
As an employee in Florida, you have your rights to your paycheck. According to the law, employers are legally obligated to pay you at least minimum wage and for any hours over 40 that you work per week. For any hours over 40 worked, your employer is obligated to pay you a wage at the rate of time-and-a-half. The Fair Labors Standards Act (FLSA) is a federal overtime payment law that ensures your protection as an employee.
Federal & State Protections
FLSA requires employers to pay minimum wage and overtime pay. However, Florida doesn’t have specific laws regarding overtime, so any employees who are owed pay by reluctant employers must depend on federal protection for compensation. There are a few exceptions to this. For example, actual independent contractors aren’t entitled to overtime because only employees of a company are entitled to statutory overtime. Some employers, however, attempt to classify employees as independent contractors in order to avoid overtime payments and other benefits owed to a regular employee. If you’re unsure about your status, contact an experienced employment law attorney.
Filing a Lawsuit
If you decide to recover your unpaid overtime, you will have to pursue what is called an FLSA claim. Employees who succeed in their lawsuits are entitled to recover back pay for all unpaid overtime, typically beginning 2 years before the complaint is filed. In some situations, the court might allow 3 years of back pay. Some employees may also recover double the amount of unpaid wages, and the employer will be required to reimburse out-of-pocket legal costs and pay the employees’ attorneys’ fees. The law is on your side. If your company hasn’t bothered to keep good records of the time you work, the burden is on them to prove you have not worked the hours you stated.
Contact Our Experienced Employment Law Attorneys Today
You are protected under the law if you have worked overtime for your employer and have not received compensation. When you file a claim, make sure you have excellent representation for an experienced Florida employment law attorney. LeavenLaw is a highly rated law firm that has been helping the people in Florida since 1972. Our lawyers strive to combine effectiveness and efficiency as we take the time to properly evaluate your case and understand your goals before recommending a course of action.
To get your case started, contact us at (855)-532-8365 or fill out our online form to schedule a free case consultation today.