Unpaid Overtime Lawyer
Employers don’t always follow the appropriate laws regarding employee pay, especially when it comes to overtime hours. Additionally, overtime can be a confusing concept for some classes of employees, such as independent contractors or salaried employees.
What Wage and Hour Violations Involve Not Paying Overtime?
The Fair Labor Standards Act (FLSA) defines overtime as all the time an employee works over 40 hours in a work week. Your wage for any overtime hours is “time and a half.” That means if you make $15 for your first 40 hours and you worked overtime for 45 hours in a week, your employer owes you an additional five hours of wages at $22.50.
Employers often refuse to pay overtime, claiming that additional time an employee spent at work was part of their expected job duties or that the employee doesn’t qualify for overtime pay. Common wage and hour violations for overtime include:
- Failing to pay overtime wages
- Misclassifying employees as exempt from overtime pay
- Failing to meet the minimum wage, such as when paying salespeople a straight commission
Are Certain Employees Exempt from Receiving Overtime Pay?
Certain white-collar employees who receive a salary rather than an hourly wage may be exempt from receiving overtime pay. An unpaid overtime lawyer with our firm can help you understand if you qualify as an exempt employee in Florida, but generally, an exempt employee is one who:
- Receives a salary rather than an hourly wage
- Receives no less than $684 per week in salaried wages
- Performs specific professional tasks that relate to the business operations and supervises at least two full-time or full-time equivalent employees, as well as having the power to hire or fire or influence hiring and firing.
Other exempt employees may include independent contractors. However, employers often misclassify employees as exempt or as independent contractors to avoid paying overtime. A wage and hour attorney with our firm can help you determine if your employer misclassified you.
Categories of Exempt Employees
For employees who qualify as exempt, exemptions include:
- Executive exemption for managers
- Administrative exemption for office administrators
- Professional exemption for “learned professionals” or “creative professionals”
- Computer-related exemption for IT professionals, engineers, programmers, etc.
- Outside sales exemption for salespeople in the field
Statute of Limitations in Unpaid Overtime Claims
The statute of limitations to file a claim for unpaid overtime in Florida is two years unless you can prove that your employer willfully violated wage and hour laws. You may have three years to file your claim if you can establish intent.
Contact The Leach Firm, P.A. for Wage and Hour Violations in Central Florida
If you worked overtime as a qualifying hourly employee and didn’t receive the correct pay for your overtime hours, contact us at The Leach Firm, P.A. today. Call 844-722-7567 or contact us online to schedule a consultation with an unpaid overtime lawyer in Pine Hills, FL, and the greater Orlando area.
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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.