Wage and Overtime Violation Attorney Serving Florida and Georgia
You deserve to be paid fairly for work you've performed for your employer. If this hasn’t happened, your legal rights as an employee may have been violated, and you could qualify for compensation. The Leach Firm, PA, brings over 50 years of combined litigation experience to every wage and overtime violation case.
The federal FLSA laws were established to protect workers against wage theft. Because overtime and other wage laws can be easily broken, it's vital to ensure that your employer remains accountable so you get paid fairly.
What is FLSA?
FLSA stands for the "Fair Labor Standards Act." The FLSA is a U.S. law enacted to protect workers against unfair pay practices. It gives employees the right to receive minimum wage and overtime pay and establishes rules for fair payment.
How can I tell if my employer is violating wage and hour laws?
Employers can effectively commit wage theft in a number of ways. Many times, employees are not aware that they are eligible to receive overtime pay, and they are not adequately compensated for extra hours they put in. In other situations, employers require workers to perform tasks before they clock in or after their shift ends and they fail to pay for this work.
Employers can also violate the laws by making unfair deductions from employees’ paychecks, failing to compensate employees during short breaks, misclassifying employees, failing to properly calculate commissions and tips, and unreasonably delaying payment of wages. An employment law attorney could review a situation to determine whether a worker is entitled to seek compensation for wage theft.
When am I entitled to overtime pay?
Workers who are not classified as independent contractors or “exempt” employees under the FLSA are supposed to receive pay equal to 1 ½ times their regular pay rate when they work more than 40 hours in a work week. Even employees who are paid based on an annual salary rather than on an hourly basis should receive overtime pay unless they meet the qualifications to be considered exempt from the overtime requirements.
Many employees—and their employers—mistakenly believe they are not eligible for overtime pay when in fact they are. The exemption rules are complex, but you can find a basic overview on the U.S. Department of Labor website or consult a Florida overtime violation lawyer if you believe your employer has failed to pay appropriate overtime wages.
Why am I being paid less than minimum wage?
For the most part, workers must be paid a wage that complies with both federal and Florida minimum wage standards. However, there are some job exceptions to the minimum wage requirement, including:
- Independent contractors
- Tipped employees (e.g., restaurant servers)
- Young workers
- Student workers
- Farm workers
Unless an employee falls under an exception, they must receive minimum wage.
What are the laws concerning employees who receive tips?
Under the law, tipped employees may receive less than minimum wage so long as they receive enough tips to make up the difference.
- Tip credits: Tip credits allow employers to "credit" the employees' tips toward satisfying the minimum wage requirements. However, when an employee is performing non-tipped tasks unrelated to tipped duties, the employer may not claim a tip credit for those hours.
- Tip Pooling: Employers are allowed to pool employees' tips and share them among all employees. By law, employers are not permitted to keep any portion of the gratuity from the tip pool.
What can I do if my employer is breaking the overtime or minimum wage laws?
If your employer is violating federal or state wage laws, you can file a complaint with the U.S. Department of Labor or file a lawsuit to seek compensation. Employees usually find it helpful to work with a dedicated wage attorney who can protect their rights and help take advantage of all available remedies.
Recover Your Lost Wages with the Help of a Skilled Florida and Georgia Employment Law Attorney
When your employer has treated you unfairly, either through wage theft, unlawful discrimination, or other practices, you can count on the experienced attorneys at The Leach Firm, P.A. to fight for your rights. Contact us to schedule a free comprehensive consultation in English or Spanish.