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.
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.
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.