Unpaid Overtime Lawyer in Miami, FL
Unpaid Overtime Claim
Many workers rely on the possibility of overtime to help boost their regular income. However, overtime only works when your employer sticks to their side of the deal and pays you for the additional hours you work each week.
Unfortunately, failing to pay out overtime is one of the most common wage violations in the United States. If your employer fails to pay you the agreed rate and on time for the extra hours you worked, you may be entitled to compensation. Not only should you recover the money you are owed, but you may also receive further financial benefits in the form of penalties issued to your employer for wage violations.
If you are owed unpaid overtime, our experienced attorney, Juan Lucas Alvarez, PA, can pursue your company for their failure to meet their obligations and ensure that you receive the wages you’ve earned.
What is the law regarding unpaid overtime in Florida?
Florida doesn’t have its own law regarding overtime. This means that employers within the state are still subject to the federal overtime standard. This means that they must pay eligible employees’ overtime when they accrue more than 40 hours in a working week.
However, it is important to note that while most employees are entitled to receive overtime, there are a few groups of workers who are classed as exemptions to this rule. These are typically outside salespeople and “white-collar” employees in a managerial or high-level administrative role. Many health care workers are also paid a flat fee for each shift irrespective of how many hours they work. This is a common loophole used by employers to avoid paying overtime. If you are a manual laborer working more than 10 hours in a single day, you are entitled to receive overtime for those additional hours as well.
How much am I entitled to for my overtime hours?
If you earn more than the Florida minimum wage, you are entitled to at least 1.5 times your regular hourly wage for each hour of overtime worked. In Florida, the minimum wage is $8.46 per hour. This means that Florida’s minimum wage for overtime is $12.69 per hour.
If your employer is found to have failed to pay your overtime due, you may also be entitled to liquidated damages. This additional settlement is equal to your award for unpaid wages. For example, if you are owed $1,500 in unpaid overtime, you will also be entitled to another $1,500 in liquidated damages.
The Fair Labor Standards Act
What is particularly interesting is that in cases of unpaid overtime, there is nearly always more than one employee who is out of pocket. Fortunately, there is a law called the Fair Labor Standards Act (FLSA) that enables multiple workers who have been taken advantage of to bring a claim for unpaid overtime together. This can strengthen your case and help ensure that future employees are treated fairly when it comes to receiving their overtime pay.
Raising a claim for unpaid overtime
If you think that you have a claim for unpaid overtime, whether you are pursuing it as an individual or as part of a collective under the Fair Labor Standards Act, you will need the advice and support of a worker’s compensation attorney. Our dedicated lawyer understands the frustrations felt by employees who have been treated unfairly and will work with you to resolve your case and ensure that you receive the compensation that you are entitled.
Contact our Juan Lucas Alvarez, P.A. today at 305-442-7375 to arrange a confidential and complimentary consultation.