As an employee, you are entitled to receive fair pay and this includes overtime pay when you work in excess of 40 hours in a given work week. While most workers who receive overtime wages are employees who are paid on an hourly basis, there are some salaried workers who may be eligible for overtime pay.

As an experienced Palm Harbor employment lawyer, Jeffrey W. Hensley, P.A. is here to help fight to help you find justice. One of the region’s most well-respected law firms, our legal team is here to help clients like you to deal with a wide range of issues, from on-the-job injuries and workers’ compensation claims, to allegations of employee discrimination, wrongful termination, and unpaid wages or overtime.

If you believe that your employer failed to pay you the overtime wages you deserve, it’s important to take action as soon as possible. The laws in Florida limit the amount of time you have to take action. Contact the Palm Harbor law firm of Jeffrey W. Hensley, P.A. to schedule a confidential, free consultation session to discuss your case. Call 727-781-3433.

What are the Federal and Florida Laws on Overtime Pay and Wages?

Florida workers are governed by state and federal laws. Overtime wage violations are a bit unique because there is no state department that exclusively handles this type of matter. This makes it even more important to seek out the help of an experienced employment lawyer who is familiar with wage and overtime cases.

The law firm of Jeffrey W. Hensley, P.A. is committed to helping clients who have been the victim of unfair employment and business practices, such as refusing to pay overtime wages to employees to work over 40 hours per work week.

The following is a look at some of the most common questions that we address concerning overtime pay laws that impact this type of case.

Overtime Law FAQs: What Laws Govern Overtime Pay?

The State of Florida does not have any specific laws concerning overtime wages, although there are some additional pay-related protections concerning wages in general under the Florida minimum wage law.

Generally, if you opt to file a claim specifically for unpaid overtime wages, you must reference the federal law known as The Fair Labor Standards Act or FLSA.

Overtime Law FAQs: What Laws Govern Overtime Pay?

Unlike many states, which have special departments dedicated to addressing state-specific wage and hour laws, Florida does not have a division to handle this particular type of matter.

Therefore, employees in Palm Harbor who believe that they have been the victim of an overtime violation may opt to submit complaints to the Federal Department of Labor, or you may choose to file a lawsuit against your employer (or former employer.)

Overtime Law FAQs: Who is Entitled to Receive Overtime Wages in Florida?

According to the FLSA, employees who receive an hourly wage must receive time and a half for any hours worked beyond 40 hours in a given work week. There are also certain circumstances whereby a salaried employee can be eligible for overtime wages too. This may be the case in situations where a salaried worker performs job duties that are not exempted from overtime laws. Salaried overtime exemptions generally only apply to a narrow group of workers, such as white collar workers who perform managerial, professional and high-level administrative duties and “outside” sales professionals.

There are many ways in which an employer may refuse to pay overtime wages to a worker. They may dispute the number of hours worked, or they could illegally pay workers with an informal “under the table” arrangement.

Florida wage laws also require employers to pay minimum wage to all employees (a rate that is currently higher than the federal minimum wage rate.) There is a different minimum wage rate for employees who are tipped employees, such as a bartender or waitress. Although if the tips, when added to the hourly wage, do not equal the Florida minimum wage, then employers are required to pay the difference.

Legal FAQ: How Long Do I Have to Recover Unpaid Overtime Wages in Florida?

Florida wage laws allow employees to seek out compensation for four to five years of owed wages, which is two years longer than the two to three-year timeframe that is afforded under federal laws.

The precise timeframe does vary depending upon whether the violation was “willful.” The timeframe is longer (three years or five years, instead of two or four years) in cases involving a willful, intentional violation.

Legal FAQ: Do I Need an Unpaid Overtime Lawyer?

An unpaid overtime attorney can help you recover the compensation you’ve rightfully earned. In fact, Florida law allows you to seek out liquidated damages, in addition to the owed wages if they have, indeed, committed a wage violation. Therefore, if you are owed $2,000 in unpaid overtime pay, you could also seek an additional $2,000 in liquidated damages.

Your employment lawyer will play an important role, helping you to seek out the compensation you deserve by filing a lawsuit and/or a complaint with the Department of Labor. If you intend to seek liquidated damages, your attorney can help you notify your employer in writing as is required. Employers have a total of 15 calendar days to resolve the matter; if the situation is not resolved, you have a right to seek liquidated damages.

Your attorney plays an important role, negotiating a resolution if you opt to pursue this avenue or filing a lawsuit. For those employees who choose to file a claim with the Department of Labor, your employment lawyer can guide you through the process of completing the necessary forms and providing a written statement that is clear, detailed and compelling.

If you or a loved one have been the victim of employment discrimination, contact the Palm Harbor law firm of Jeffrey W. Hensley, P.A. to schedule a fully confidential and free consultation session to discuss your case. Call 727-781-3433.