It is illegal to violate the overtime laws laid down by the Fair Labor and Standards Act. Thousands or laborers become victim to Fair Labor and Standards Act violations every year. In 2003 alone, $212 million in back wagers due to overtime pay violations was collected by the Wage and Hour Division. If you are due money from unpaid wages or unpaid overtime, it is critical that you contact a Florida Unpaid Overtime Lawyer immediately to discuss your options.
Fair Labor Standards Act
An employer is normally required to pay the employee premium pay for their overtime work if he or she requires or allows an employee to work overtime. To determine for your overtime pay rate, multiply your regular hourly rate by 1.5. Employees sheltered by the Fair Labor Standards Act (FLSA) must receive time-an-a-half pay for hours worked over 40 in a week.
Employees are allowed by the FLSA to receive at least the minimum wage of $7.25 per hour, which became effective July 24, 2009. Several states have minimum wage laws as well. In these cases, employers are obliged to pay the employees the higher wage. Employees who receive tips and young workers are exceptions to the minimum wage law.
Unless overtime hours are labored, the FLSA does not oblige extra pay for working weekends or holidays. Extra pay for these are under the discretion of the employer.
Florida Minimum Wage Law
Numerous states choose to enact their own minimum wage laws despite the federal minimum wage of $7.25 per hour. For example, Florida residents voted to institute the state minimum wage to change every year in accordance to the inflation.
Florida’s minimum wage in January 2009 rose .42 cents making it $7.21 per hour. Nevertheless, on July 24, 2009, the federal minimum wage increased to $7.25. Because the federal law oblige employers to pay the higher minimum wage (either federal or state), Florida employers must pay their employees at least $7.25 per hour as of July 24, 2009.
If you are living in Florida and receiving less that the minimum wage of $7.25 per hour, your employer s violating the minimum wage law. Fill out our free case evaluation today to consult your case with a Florida minimum wage attorney. At no cost to you, our minimum wage lawyers will evaluate your claim to find out whether you are owed back pay.
Non-Exempt & Exempt Overtime Employees
What determines eligibility for overtime pay are occupations and wages and duties (not job titles). Whereas the overtime law particulars can be confusing, overtime pay guidelines have been instituted to outline the essentials of non-exempt and exempt employees. A Florida Unpaid Overtime Lawyer can help you if you are a non-exempt employee who is not receiving overtime pay for extra hours rendered.
A lot of employers use overtime scams to get away with paying their employees overtime. Some of them compel their employees to work beyond schedule when the latter should be receiving overtime pay. Other companies misclassify employees as salaried managers, even though their job duties are the same as non-managerial employees.
Filing an Overtime Claim
File an overtime claim if you are not receiving the overtime you deserve. Several overtime proceedings are won simply because the employers fail to keep employee hour and wage records properly thus making it hard for the employer to argue what hours the employee worked. The employee may receive damages equal to the unpaid overtime or proper wages, a corresponding amount in liquidated damages and pre-judgment interest, if the employer is proven to have failed to pay the proper overtime and wages.
Ask help from an experienced Florida Unpaid Overtime Lawyer if you are not sure about the particulars of overtime law and minimum wage. Our overtime lawyers can verify if you should receive overtime and determine how to collect your unpaid overtime pay.
Contact us today for a free case evaluation!