The Fort Lauderdale overtime and wage dispute lawyers at Anidjar & Levine are recognized leaders in labor and employment law. We have successfully handled all types of overtime and wage claims, recovering compensation for workers throughout Florida.
Employees go to work expecting to get paid. When their paychecks consistently fail to add up, it is often due to wage violations committed by the employer. Unfortunately, aggrieved workers are afraid to reveal blatant abuses in a bad economy. But it is illegal for any employer to retaliate against employees for pursuing overtime wages or to prevent them from filing a claim. The law protects employees from wage and overtime abuses perpetrated by employers who are trying to cut corners. Workers should familiarize themselves with the employee handbook, if available, and consult a qualified attorney about any suspected abuses. Most overtime and wage disputes involve one or more of the following issues:
- Salary
- Vacation pay
- Commissions
- Minimum wage
- Unpaid overtime
- Unauthorized deductions
- Reporting early, extra tasks
- Employee misclassification
- Payment for “on call” status
- Accumulated sick or medical leave
Federal and state laws protect workers deprived of overtime and owed wages. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, and recordkeeping standards affecting 130 million employees, both full and part time. The law applies to enterprises with employees who engage in interstate commerce, whether they produce, handle, sell, or work on the goods. The FLSA covers most companies with at least $500,000 in annular dollar volume of business. Even if the employer does not meet this standard, the FLSA may still cover its employees in any workweek when they are “individually engaged” in any activity “closely related” to the production of goods for interstate commerce. Although the Act “exempts” some workers from its overtime pay and wage provisions, these exemptions are narrowly defined.
For a free legal consultation with a overtime and wage disputes lawyer serving Fort Lauderdale, 800-747-3733
Under the FLSA, “nonexempt” workers are entitled to a minimum wage of at least $7.25 per hour. Where the state provides a different minimum wage, the employee is entitled to a higher wage. Employees must receive overtime pay if they work over 40 hours per week at a rate “not less than one and one-half times” the regular rate of pay. The FLSA generally requires bonus payments to be included as part of an employee’s regular rate of pay in computing overtime, with some exceptions. However, the FLSA dos not require overtime pay for work on weekends, holidays, or regular days of rest, unless employees work overtime on these days. Extra pay for work during these times is a matter of agreement between the employer and employee. Employees denied overtime are entitled to unpaid overtime wages and double the wages owed. They are also entitled to reasonable attorney’s fees.
Enforcing Fair Payment of Overtime Wages in Florida
Too often, Florida employers exploit workers by denying rightfully earned overtime pay, misclassifying employees as exempt from overtime, or failing to compensate for all hours worked. State and federal wage laws protect employees against wage theft and unequal pay practices. A dedicated overtime and wage dispute attorney can recover owed earnings.
Common violations include misclassifying workers as independent contractors, paying fixed weekly salaries regardless of hours, intimidating employees into working off-the-clock, and recording fewer hours than were worked. Employers may tell workers they are classified as exempt executives, administrators or professionals not entitled to overtime under Florida law.
In reality, most employees qualify for overtime pay of 1.5 times their hourly rate for any hours over 40 per workweek. Keeping accurate time records and understanding legal job classifications is crucial. An attorney can analyze your role and duties to prove you are a non-exempt employee warranting overtime wages.
Lawsuits compel employers to pay owed overtime, reimburse wrongfully withheld wages, and rectify incorrect classification issues. Punitive damages may apply if willful violations are found. In certain cases, personal liability can be imposed against management personnel involved in wage violations.
Wage and overtime disputes often increase when economic conditions are uncertain. But exploitation should never be tolerated. Employees have power with an attorney experienced in enforcing state and federal wage protections to recover earnings rightfully owed. All workers deserve fair pay for all hours worked.
Fort LauderdaleOvertime and Wage Disputes Lawyer Near Me 800-747-3733
If you were denied overtime or wage payments, consult the experienced Fort Lauderdale wage and dispute attorneys of Anidjar & Levine today. The FLSA provides a two-year statute of limitations for recovering unpaid overtime wages unless the employer commits a willful violation of labor law. In that case, the employee has three years from the date of the injury to bring a claim. Any delay can result in the loss of important evidence and bar your right to relief. At Anidjar & Levine, we have extensive experience litigating overtime and wage disputes and are dedicated to helping you recover the compensation you deserve. We provide the highest quality legal representation to workers in Fort Lauderdale and other areas of Florida. Call 800-747-3733 for a free consultation or contact us online.
