Unpaid Overtime Settlement Lawyer in Florida
If you are a non-exempt employee in Florida, when you work more than 40 hours a week, your employer must pay you overtime wages. Some employers, though, may refuse to pay overtime even if you’ve earned it.
If this has happened to you, The Leach Firm, P.A. can help you recover the money that your employer legally owes you with an unpaid overtime settlement.
How Overtime Works in Florida
Florida follows the federal Fair Labor Standards Act (FLSA), which states that employers must pay employees overtime for working more than 40 hours in a working week. When you work overtime, employers have to pay you 1.5 times your hourly wage for every hour over 40 hours worked.
However, overtime pay can cost employers a lot of money. Some employers try to avoid paying overtime by exploiting loopholes. But the law frowns on employers that try such tactics, which means it’s possible to recover your stolen wages if your employer refuses to pay you.
Who Qualifies for Overtime in Florida?
In Florida, the law requires employers to pay overtime to all non-exempt employees. Employers don’t have to pay overtime to independent contractors and exempt employees.
If you meet these criteria, you are likely a non-exempt worker who qualifies for overtime pay:
- You are an hourly (not salaried) worker
- You earn less than $684 per week
- Your primary job responsibility is not professional, administrative, or executive in nature
Some employers classify workers as exempt to avoid paying them overtime, but doing this is against the law. If you qualify as a non-exempt employee, your employer owes you overtime regardless of how they classify you.
Tricks Employers Use to Avoid Paying Overtime
Misclassifying workers isn’t the only trick employers use to avoid paying overtime. If your employer asks you to come in early or stay late and work off the clock to avoid overtime, they’re breaking the law.
Did your employer make you sign a waiver exempting you from overtime? That’s against the law too. Even if you signed a waiver, you can still pursue an unpaid overtime settlement if you meet Florida’s criteria for a non-exempt employee.
Florida’s Statute of Limitations on Unpaid Overtime
Under Florida’s unpaid wages statute, you have two years to file a lawsuit for unpaid overtime hours, or three years for overtime claims if you can show that your employer willfully didn’t pay you.
The deadline is longer if your employer violated the Florida Minimum Wage Act. In this case, Florida gives you four years to file a lawsuit. If your employer violated this act and willfully did not pay you overtime, the deadline extends to five years.
Contact Us to Learn How You Can Recover Stolen Wages with an Overtime Settlement
If you plan to sue your employer for an unpaid overtime settlement, it’s important to act fast so you don’t miss the deadline. An experienced attorney at The Leach Firm, P.A. can explain whether you qualify for overtime and help you recover money your employer owes you under the law.
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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.