How to Recover Your Unpaid Overtime in Florida
Employers often misunderstand how overtime pay is supposed to work and may not pay employees properly for their overtime hours. Sometimes, employers deliberately underpay their employees or refuse to pay overtime.
According to the Fair Labor Standards Act (FLSA), nonexempt (hourly) employees covered by the FLSA must receive overtime pay for hours worked over 40 hours per workweek at the rate of time and a half, which is the employee’s regular wage plus a 50% premium of the employee’s usual hourly wage.
Exempt employees are not entitled to overtime pay. Other employees may not be entitled to overtime pay, including salaried executive, professional or administrative employees, independent contractors, volunteer workers, outside salespeople, seasonal employees, and others as designated by the FLSA.
Regardless of how many hours worked per day, a nonexempt employee is only entitled to overtime if he or she works more than 40 hours per week. If you work for a small company (one that makes less than $500,000 in annual sales or does not engage in interstate commerce), you may not be entitled to overtime pay. Check with the U.S. Dept. of Labor, the FLSA or Florida’s state labor department for more details.
If you’re not receiving overtime pay that you’re entitled to, it’s illegal and wrong. The first step you should take is to contact your employer or human resources department to allow them to rectify the situation. If that doesn’t work and you don’t receive your unpaid overtime, contact an Employment Law attorney to discuss your legal options.
Overtime pay laws can be quite complex and there could be a statute of limitations, depending on how long the underpayment or nonpayment has been going on.
RTRLAW’s experienced and qualified Employment Law attorneys understand all the aspects of overtime laws and are able to serve clients throughout Florida. Our attorneys are committed to protecting workers’ rights, including their right to be paid fairly under the law, and they will fight for you to get you what you are owed.
If you aren’t being paid fairly – whether it’s unpaid overtime, unpaid wages or another employment issue, please contact us today to discuss your options. Our attorneys can meet with you at one of our seven convenient offices throughout the state including Fort Lauderdale, Orlando, Tampa, Kissimmee, Lake Worth, Miami or Jacksonville.