Overtime & Minimum Wage Violation Lawyer in Florida
Protecting Employees in Palm Beach County, Broward County & Miami-Dade County
The Fair Labor Standards Act (FLSA) requires employers to pay time and a half for every hour over 40 hours worked in a week, and to pay wages that come out to the minimum wage for every hour worked.
Failure to make these payments is called wage theft, and it can result in severe penalties to the employer, and payment to the underpaid employee of double or more the amount owed, plus legal fees and expenses. It is possible to go back two years (sometimes three years) to recover these funds from current or former employers.
Examples of Wage Theft
There are a number of ways in which employers steal wages from employees, including:
- Refusal to pay you overtime
- Refusal to pay you for working off-the-clock, such as answering work emails, preparing work reports or documents from home, being “on-call,” working during meal breaks, attending work-related classes or attending before- or after-work meetings
- Paying you less than minimum wage
- Classifying you as “exempt” in an attempt to deny overtime
- Classifying you as an independent contractor to deny you overtime pay
- Failure to properly track the hours you actually work
- Pooling your tips with employees who do not receive tips, thus shortchanging your actual income
- Averaging your hours over more than a one-week period, thus denying you potential overtime pay in any one week
- Failing to pay you a final payment after leaving employment
At NK Legal Group, we spend a lot of our time handling Fair Labor Standards Act cases, and attorney Nolan Klein has recently taught a class on how to handle these cases for clients. If you were not paid for your any overtime work – or were paid less than a minimum wage for all hours worked – then you need to contact us for a free legal consultation.
Common Examples of Overtime Violations in Florida
In addition to these typical examples of wage theft, there are some specific ways in which workers in certain industries can be denied the overtime they are owed.
Some employees suspected to overtime violations include:
- Restaurant and hotel workers - Service industry workers are often pressured to work off-the-clock or have tips withheld in lieu of overtime pay
- Janitorial workers - Cleaning service workers are frequently misclassified as independent contractors so employer can avoid paying overtime
- Healthcare workers - Employees in the healthcare industry are often required to work long hours, leading to common cases of overtime violations
- Tech workers - IT and other technical professional employees are often cheated out of overtime pay for compensable time, including working through meal breaks, mandatory security checks or training classes, and managing equipment
- Drivers - Employees with jobs involving driving, such as pizza or mail delivery, can be cheated out of overtime pay through being misclassified as exempt or otherwise not reimbursed fully for their work
These are just a few examples of jobs especially at risk for wage and overtime violations. If you work in any of these industries, it is important to know your rights to fair wages under Florida and federal law.
Bringing an Effective Lawsuit for Wage Violations
You are entitled to be paid fairly for your work. At NK Legal Group we fight for employees and workers who were not paid a fair and required wage. If you were not paid extra for overtime, or enough money to equal a minimum wage for every hour worked, then you may have an FLSA claim, and be entitled to recover at least double the amount owed to you.
You can file an FLSA lawsuit against any employee who did not pay you properly at any time during the past two years, even if you no longer work for that person or company.
We flight hard for underpaid employees. Call NK Legal Group for a free consultation.
Call (877) 745-0090 now to get started.
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