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.

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.

If you have any questions about minimum wages and overtime compensation, call Remer & Georges-Pierre PLLC at 305.416.5000. We can offer a free consultation for your case.

The experienced legal team at Remer & Georges-Pierre PLLC is highly knowledgeable. Contact Us at our Miami office today! (305) 416-5000

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Help with Your Wage Claim

Remer & Georges-Pierre PLLC was ranked by Lexis/Nexis and Martindale Hubble in the Counsel to Counsel March 2005 edition of the Martindale Pulse as Third in filing FLSA class-action lawsuits in the Southern District of Florida.

Employees are usually paid on an hourly basis for each hour worked or are paid a fixed salary regardless of the number of hours worked. The Fair Labor Standards Act (FLSA) is the law that sets the federal minimum wage and provides nonexempt employees with the right to overtime compensation.

The FLSA provides that employees receiving certain types of compensation and performing certain types of job duties are exempt from overtime compensation.

Exempt categories include:

  • Certain professional, executive, or administrative employees
  • Certain outside salespersons
  • Commissioned retail salespersons
  • Certain truck drivers

Under the FLSA, nonexempt employees are entitled to one and one-half times their rate of pay for hours worked over forty per workweek. Under the law, many employees who receive a salary are actually entitled to overtime compensation for hours worked in excess of forty weekly.

If you believe you are owed any wages, contact us immediately. We will not charge you attorneys’ fees or costs for an overtime claim unless we collect payment from the employer.

Unpaid overtime claims usually stem from:

  • Paying a “salary": Employers sometimes pay a salary to an employee when they are not truly exempt from overtime requirements, claiming the employee is a supervisor. However, if the employee does not regularly supervise two or more people, the employee should be paid overtime for hours in excess of forty weekly.
  • Employee working off-the-clock time: Employers sometimes have employees do certain tasks before clocking in or after clocking out. If an employer pays only 40 hours a week “on-the-clock” but instructs the employee to work “off-the-clock,” the employer is breaking the law.
  • Unpaid lunches or break Time: If the employee is not free from duties during a lunch break, the employer must pay for that time. Also, employers usually must pay employees for breaks lasting 20 minutes or less.
  • Work at home: If the employer directs the employee to work from home, all time worked at home should be included as weekly hours worked. Hours worked in excess of 40 per week should be paid as overtime.
  • Averaging two weeks: Employers sometimes combine two weeks of work to determine the wages owed to an employee without paying overtime. If an employee is working more than 40 hours in any week, any hours worked in excess must be paid at overtime rate.
  • On-call work: If an employee must be on-call, the hours the employee actually works for the company must be paid.
  • No overtime approved policy: Some employers have a policy for no overtime pay without prior approval. However, if employees are allowed to work overtime, they are still owed that time even with such policies in place.

Florida law requires employers to pay minimum wages. In addition to the unpaid minimum wages or overtime compensation, an employee can seek double damages. They are also entitled to recover attorneys’ fees and costs if they prevail. Federal and state laws providing for minimum wage and overtime compensation prohibit retaliation or wrongful termination against employees who assert their rights to unpaid wages.

Our Miami overtime lawyer will represent employees with minimum wage or overtime claims. We will also represent clients who were not paid their final paycheck from their employer with no attorneys’ fees or costs charged unless we collect payment. Additionally, we will represent employers in wage and hour litigation and help employers to prevent wage and hour litigation with a payroll review.

If you have any questions about overtime or wages, contact us about your legal matter today!