Monday, 27 June 2016

Overtime Violations in General

Employees in Florida work hard to make a living, support their families, and enjoy life as much as possible. If you work hard, you deserve to be properly paid for your work. Unfortunately, many employers may commit wage violations and leave you without the full amount of compensation you earned.

One common wage violation in Florida is in regard to overtime pay. While overtime pay can be critical to your financial situation, employers can find many ways to accidentally or even intentionally violate the law when it comes to overtime payments. If you believe that your employer has committed any type of overtime violation, our experienced Florida overtime violations attorney will stand up for your rights.

Laws Regarding Overtime for Florida Employees

There are laws on both the federal and the state level that relate to overtime pay. First, the Fair Labor Standards Act (FLSA) is a federal law that sets strict guidelines for overtime on a nationwide basis. FLSA requires that an employer pay certain employees 1.5 times their regular hourly pay (often called “time-and-a-half) for all time worked over 40 hours per week. For example, if your hourly wage is $10.00 per hour, you should get paid the following:

●    First 40 hours worked in a week = $10.00 per hour
●    Any hours over 40 = $15.00 per hour

While Florida itself does not have any specific state laws requiring overtime, our state follow the FLSA guidelines. Florida also has a higher minimum wage that the national minimum, so the minimum overtime rate in Florida is higher than the minimum required by federal law.

Common Overtime Violations

Miscalculation of time worked -- Many employers do not give credit for all of the time person works in order to eliminate overtime pay. For example, if you clock in for 40 hours per week, your employer may require you to set up for work prior to clocking in and clean up after clocking out. The time spent setting up and cleaning up is generally considered to be time worked under the law, which means not only should you get paid for that time, but should get paid overtime rates since it is beyond 40 hours.

Wrongful classification as exempt -- Overtime laws do not apply to everyone, as managers, executives, and other designated positions do not require overtime wages. However, your employer may try to give you a title to exempt you from overtime when your job duties do not really fit that title. This is a very common overtime violation in FL.

Wrongful classification as an independent contractor -- FLSA and wage/hour requirements only apply to employees and not to independent contractors. Many employers may wrongfully classify workers as independent contractors to avoid following wage laws or providing certain benefits, among other reasons. If you have been wrongfully classified as an independent contractor, you may have significant unpaid wages.

The Florida and federal laws regarding time worked, overtime exemptions, and independent contractors can be confusing and involve complex legal issues, so it is important to discuss your situation with a highly experienced attorney who fully understands overtimes laws as soon as possible.

Consult with an Experienced Florida Overtime Attorney Today

Employment law attorney Jonathan Allen stands up for the rights of workers who have been wrongfully denied overtime payments. If you believe your employer owes you overtime

Call J. Allen Law, P.L. at 407-205-2330 to receive a free no commitment consultation.

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