Orlando Unpaid Wage and Overtime Lawyer

The Fair Labor Standards Act (FLSA) is a vital piece of legislation that protects the rights and wages of workers in Orlando, Florida. This federal law establishes minimum wage, overtime pay, record-keeping, and youth employment standards for both private and public employers. It is crucial for employers to understand and comply with these regulations to avoid facing legal consequences.

If you are facing issues related to FLSA violations such as misclassification, unpaid wages, or other labor disputes, Orlando, overtime attorney, and unpaid wage lawyer Nolan Klein can provide expert legal representation. Nolan has over 15 years of experience in handling FLSA cases and has been featured on Fox News and CNN, among other national media platforms for his expertise in labor law.

Call +1 877.253.5406 or complete our online contact form to schedule a free consultation.

When Do You Need a Fair Labor Standards Lawyer in Orlando?

You might find yourself needing the expertise of a minimum wage lawyer, an overtime attorney, or an unpaid wage lawyer if you suspect your employer isn't respecting the minimum wage laws.

Here are some situations where an attorney can be beneficial:

Unpaid Wages: If you're not getting paid the legal minimum wage, an Orlando unpaid wage attorney can guide you through filing a claim to recover your lost earnings. As of October 2023, Florida's minimum hourly wage is $12.00 for non-tipped employees and $8.98 for tipped employees.
Overtime Compensation: Working over 40 hours per week should earn you one and a half times your regular pay rate for the extra hours. An overtime attorney in Orlando can help you claim this if your employer hasn't paid it.
Retaliation: If you've faced negative consequences such as job loss or demotion for asserting your right to minimum wage, an employment attorney can defend your rights, potentially helping you regain your position or gain compensation for the retaliation.
Misclassification: Some employers may wrongfully classify workers as independent contractors or exempt employees to dodge paying the minimum wage. An attorney can identify if you've been wrongly classified and assist in reclaiming your unpaid wages.
Tip Violations: For tipped employees, if your tips and direct wages don't meet the minimum wage, your employer needs to make up the difference. An attorney can clarify your rights and aid in filing a claim in such circumstances.

Orlando, Florida Fair Labor Standards Act lawyer Nolan Klein offers aggressive representation and will guide you through every step of the legal process.

FLSA Violation Defense Options for Orlando Employers

If you are an employer facing a claim or lawsuit for alleged violations of the Fair Labor Standards Act (FLSA), it is crucial to understand your defense options. The FLSA sets federal standards for minimum wage, overtime pay, recordkeeping, and child labor protections for both full-time and part-time employees in the private sector.

Good Faith: If an employer has been acting in good faith, relying on certain policies or guidance from legal experts, they may have a valid defense against an FLSA claim. However, this defense can be difficult to prove and requires careful documentation.
First Violation: If it's your first time violating the FLSA and you agree to fix any issues and make back payments, you may be able to avoid some penalties. However, repeat offenses are treated more severely.
De Minimis: In some cases, if the amount of unpaid wages is minimal and difficult to track, an employer may not be held liable for FLSA violations.
Employee Misclassification: As mentioned above, if an employee is misclassified as exempt or independent contractor and doesn't receive minimum wage or overtime pay, an employer can use this as a defense. However, it's essential to reclassify the employee correctly and make any necessary back payments.
Consent: If an employee has agreed to work for less than minimum wage or waive their rights under the FLSA, this may serve as a defense for the employer. However, this must be voluntary and not coerced.
Statute of Limitations: The FLSA has a two-year statute of limitations on claims, with a three-year limit for willful violations. If an employee files a claim after this time period, the employer may have a defense against any back payments.
Bona Fide Occupational Qualification (BFOQ): In certain situations, an employer can use BFOQ as a defense for discriminatory actions that are necessary to perform a specific job function.
Unforeseeable Business Circumstances: If an unforeseen event such as natural disasters or economic downturns causes financial difficulties for the employer, they may be able to use this as a defense for not paying minimum wage or overtime.
Good Faith Defense: If an employer can prove that they acted in good faith and had reasonable grounds to believe that their actions were not in violation of the FLSA, they may have a defense against any back payments.
Voluntary Correction Program (VCP): The Department of Labor offers a VCP for employers who proactively identify and correct FLSA violations. This program allows employers to avoid penalties and potential litigation if they make back payments and comply with future FLSA requirements.

Overtime lawyer and unpaid wage defense attorney Nolan Klein helps employers navigate the complex world of FLSA compliance and defend against wage and hour claims.

Talk to One of the Best Overtime Lawyers serving Orlando

End your search for the best Orlando unpaid wage and overtime attorneys with Nolan Klein. We aggressively take care of your overtime lawsuit, unpaid or underpaid wages, overtime violations, tip pool lawsuits, and other FLSA legal matters.

Call +1 877.253.5406 or fill out our online contact form to schedule a consultation.