Legal Help With Wages & Overtime Issues in Miami
Protecting Employees From Wage Theft
The federal Fair Labor Standards Act sets the federal minimum wage and provides nonexempt employees with the right to overtime compensation. The Florida Constitution was recently amended to raise the minimum wage in Florida. The majority of employees are either paid hourly or on a fixed salary regardless of the number of hours worked.
Most employees paid on an hourly basis must be paid time and one half for any hours worked over forty in a seven day workweek. Some employees who receive a salary may be entitled to overtime because their employers have misclassified them as being exempt from overtime. An employee paid a salary may be entitled to overtime compensation.
What are Unpaid Wages?
Unpaid wages, or earnings of employees that have not been paid by the employer yet, are often associated with overtime work. If you have worked overtime and have not been paid for that work completed, it may be in your best interest to file with the U.S. Department of Labor.
If you are uncertain if you have unpaid wages that you should be compensated for, multiply the hours worked by the applicable wage rate(s). Once applicable tax rates are calculated, subtract that total from the gross pay calculated and you will find the amount of money you are owed.
There are many unpaid wage calculators available to help you understand the discrepancies between hours worked and the pay you are owed.
How Do I Collect Unpaid Wages in Florida?
Florida's Minimum Wage Act ensures employees the right to sue employers to recover unpaid wages. If you believe you have a valid complaint, you must first file with the U.S. Department of Labor. Once you have filed this complaint, you can then file a court lawsuit. Our Miami unpaid wages lawyer can help you with your case.
Can You Say “No” to Overtime?
In Florida, if you are a non-exempt employee, it is legal for your employer to require you to work overtime. They can even do so without a notice. They can also require you to work as many overtime hours as they need. If you are required to work and refuse, your employer can fire you, as long as there aren’t illegal reasons like discrimination. However, they do have to correctly pay you for your overtime, and if they don’t you can take legal action against them.