Fighting for you
If you have a claim against an employer or coworker, I will fight your case.
I will let you know if you have a claim or not after your free consultation.
No upfront fees
I work entirely on a contingency basis. If we don’t win, you don’t pay.
What is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act is legislation that has protected employees across the U.S. since 1938.
Broadly, it covers four main areas of employment:
- Minimum wage
- Overtime pay
- Record keeping, and
- Child labor
The legislation is regularly updated and works alongside other local state legislation like the Florida Minimum Wage Act, F.S. 448.01.
It provides for the following for covered employees in Florida:
- A minimum wage not less than $8.46 per hour
- Overtime pay at a rate of not less than 1 and ½ times the regular rate of pay for all hours worked after 40 hours in a workweek
The law covers almost all workplaces in the U.S., except the smallest ones.
Officially, it is restricted to employers whose annual sales total $500,000 or more or who are engaged in “interstate commerce” (but this is a broad term).
Does it include managers and other senior roles?
There are some specific exemptions to the law.
These include some groups of employees, such as certain executive, administrative and professional employees. However, it is worth noting that the classification of a person as a “manager” or other exempt title does not automatically exempt employers from meeting their wage and overtime obligation for these employees.
These obligations depend on the duties of an employee in addition to their job title.
For example, if you are a manager who is paid a salary, you may still be entitled to overtime pay.
There are other complexities with exemptions that apply to workers in the following areas (among others):
- External salespeople
- Computer employees
- Workers in seasonal amusement or recreational businesses
- Employees of small local newspapers
- Seamen or women on foreign vessels
- Workers on small farms
- Independent contractors
Who can make a claim under the Fair Labor Standards Act?
Wage and hour claims are common in Florida and around the U.S.
In the most common cases, employees make claims against their employer because of:
- Withheld wages or commissions (completely or partially)
- Withheld overtime pay (completely or partially)
- Being paid below the official minimum wage hourly rate
Note that employees may still be entitled to wages even if asked to work “off the clock” or because they are offered “comp time” rather than overtime pay.
Some employers think that they can avoid their obligations under the FLSA by classifying employees as “exempt” or “independent contractors”. However, the classification or title matters little. It is the actual roles, responsibilities, and duties of the employee that really matter.
With the somewhat complex exemption rules in place, it is important to get the right legal advice before pursuing any claim against your employer.
Denied wages or overtime? What can you do?
As an experienced Florida unpaid wages attorney, I can help you assess your case and, if we agree to pursue a legal claim, take the necessary steps.
I have regularly represented employees whose employers have failed to meet their obligations under the FLSA. We often find that an employer who is knowingly avoiding their obligations to you is also penalizing other employees.
If you feel you have been poorly treated with pay or overtime, I may be able to help you claim what is rightfully yours.
If we decide to pursue action, it is a “no lose” for the employee. I only get paid if we win the claim and the employer pays the attorney fees when that happens.
From here, we need to:
- Assess your claim: book a free phone consultation below
- Decide whether to pursue a complaint: after our consultation
- File a complaint or lawsuit: with a local or federal agency, or state or federal court
- Prepare the paperwork: so that we can draft the complaint or lawsuit
Our experienced legal team also handles clients with other types of employment cases, including:
- Family Medical Leave Act,
- Workplace discrimination,
- Whistleblower protection, and
- Workplace harassment.
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