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
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.