Tampa Florida Fair Labor Standards Act (FLSA) Lawyer

Are you based in Tampa, Florida, and dealing with issues related to Fair Labor Standards Act (FLSA) violations?

Whether you're an employee who hasn't received proper overtime pay or minimum wage, or an employer facing an FLSA lawsuit, Tampa unpaid wage lawyer and overtime attorney Nolan Klein is your go-to resource for expert legal representation.

Nolan has a robust experience of over 15 years in Florida employment law. He has featured as a litigation specialist on various national media platforms, such as Fox News, CNN, and more. Call +1 877.253.5406 or fill out our online contact form to talk with one of the best overtime lawyers Tampa has to offer.

Tampa, Florida Fair Labor Standards Act (FLSA) Stipulations

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. If your employer fails to uphold these standards, it may be time to seek legal advice from an experienced overtime attorney.

Tampa Overtime Lawsuits: What You Need to Know

Overtime lawsuits in Tampa, Florida frequently arise when employers fail to compensate non-exempt employees for hours worked beyond the standard 40-hour workweek. Under FLSA, these employees are entitled to receive one-and-a-half times their regular rate of pay for each overtime hour. Overtime attorneys in Tampa often handle these types of cases and can help you recover unpaid wages, damages, and attorney's fees.

Exceptions to Overtime Pay in Tampa

While most employees are entitled to receive overtime pay under FLSA, there are some exceptions. Some jobs or positions may be exempt from this requirement based on their duties and responsibilities. These exemptions include:

Executive, administrative, or professional employees who earn a salary of at least $684 per week

Certain computer-related occupations

Outside sales employees

If you're unsure about your eligibility for overtime pay in Tampa, it's best to consult with an experienced overtime lawyer who can assess your case and determine the best course of action.

Minimum Wage Violations

FLSA sets a Federal minimum wage that all employers must respect. However, some employers fail to adhere to these stipulations and pay employees below the stipulated minimum wage. A Tampa minimum wage lawyer can provide legal counsel and assist in filing a lawsuit against the employer if:

You're not being paid the current minimum (as of September 2023) wage of $12 per hour.

Your employer is paying you less than the minimum wage for tipped employees, which is currently $8.98 per hour.

Your employer has failed to compensate you for all hours worked, including overtime.

In addition to recovering unpaid wages and damages, a Tampa minimum wage lawyer can also help with obtaining back pay and any additional compensation entitled under FLSA.

Other Wage Violations

Aside from minimum wage violations, there are other ways employers may violate FLSA and fail to compensate employees fairly. These include:

Employers may misclassify employees as independent contractors instead of employees to avoid paying overtime or providing benefits.

Off-the-Clock Work: Employers may require or allow employees to work off-the-clock without proper compensation.

Deductions without Authorization: Employers must obtain written authorization from employees before making any deductions from their wages.

Tipped Employee Violations: Employers must ensure that tipped employees are paid at least the minimum wage for all hours worked and that tips are distributed properly.

More FLSA violations and wage theft tactics can be combated with the help of a Tampa overtime attorney or unpaid wage lawyer.

Retaliation Protection

Employees who file claims against their employers for unpaid wages or other violations of FLSA are protected from retaliation by law. This means that your employer cannot fire, demote, or take any other adverse action against you for exercising your rights under FLSA. If you believe you have suffered retaliation due to filing an unpaid wage claim, a Tampa employment retaliation lawyer can assist in seeking justice and compensation for damages.

Fair Labor Standards Act Violation Defense Options for Tampa, Florida Employers

While employers strive to adhere to FLSA regulations, there might be instances where they face accusations of wage theft or other violations. In such cases, there are several defense options that Tampa, Florida employers can consider. Here are ten potential defenses:

Good Faith Defense: The employer can argue that they had a genuine belief they were following the law as per their understanding.
Statute of Limitations: Under FLSA, employees have two years to bring a claim for unpaid wages, which extends to three years for willful violations. Any claim brought after the limitation period may be defended on this ground.
Exempt Employee Status: Employers can argue that the employee in question is classified as exempt under FLSA, thus negating the need for overtime pay.
De Minimis Defense: If the extra work hours are trivial and happen infrequently, the employer may not need to provide overtime pay.
Payment Already Made: Proof that the employee has already received due compensation may be utilized as a defense.
Authorized Deductions: If the employer has written consent for wage deductions, this could serve as a defense against unauthorized deduction claims.
Tip Pooling: In cases where tipped employees claim they were not paid correctly, employers can argue that the tips were distributed fairly among employees involved in a valid tip pool.
Valid Set-off: Employers can claim a set-off if they have provided a benefit or payment that they can offset against the wages owed.
Recordkeeping: Employers may defend themselves by showing comprehensive and accurate recordkeeping of work hours and wages.
Inaccurate Claims: Employers can assert that the employee's claim is inaccurate and provide evidence to support their case.

Remember, this list is not exhaustive, and depending on the specific circumstances of the case, other defenses may be available. Seeking advice from an experienced employment overtime attorney or unpaid wage lawyer in Tampa, Florida is highly

recommended.

Get Help from a Tampa FLSA Compliance and Defense Attorney

Whether you are an employer facing unpaid wage or overtime claims, or an employee seeking to recover wages owed, Tampa overtime lawyer and unpaid wage attorney Nolan Klein can provide the legal representation and counsel you need. Call +1 877.253.5406 or fill complete our online contact form to schedule a consultation.