Florida Injury and Employment Attorneys

How Can I Fight Unpaid Wages or Unpaid Overtime?

December 1, 2015

If you believe that your employer has not been paying you in accordance with the law, you need to speak to an Tampa unpaid wage attorney. Florida wages are regulated on a federal and state level. If your employer has not paid you in accordance with these laws, or if they have failed to pay you in a timely fashion, you may be entitled to back wages as well as additional compensation under the law. The unpaid overtime lawyers at Florin Gray Bouzas Owens, LLC can help.

Understanding Unpaid Minimum Wages

The first thing that your Orlando unpaid wage attorney will explain to you is how unpaid wages are determined in Florida. In accordance with federal law, employees must be paid the minimum wage for the area. In Florida, the minimum wage in 2015 is $8.05 an hour, this is higher than the Federal Minimum Wage, and therefore workers in Florida must be paid a minimum of $8.05 for every hour they work up to 40 hours. If your job allows you to make tips as part of your pay, Florida employers have the right to pay you as little as $5.03 per hour. However, your intake in tips must equal to at least $3.02 per hour for them to pay this wage. Even when you make tips, you cannot be paid less than minimum wage. To determine what you are owed in unpaid wages, contact an Orlando unpaid wage attorney.

Understanding Unpaid Overtime

The most common employer violation that an Tampa unpaid wage lawyer sees is unpaid overtime violations. While Florida does not have an overtime law enacted, employers are still required to obey Federal overtime rules. In accordance with Federal laws, workers are entitled to receive overtime pay for any hours worked over 40 in a work week. Hourly and non-exempt employees are entitled to receive time and one-half their regular rate of pay for every hour worked over 40 in a work week. So, if you make $10.00 per hour regular time, you are entitled to receive $15.00 per hour for overtime. There are a few exemptions to the overtime rule. These usually include outside sales staff and some managerial, executive, and high level administrative positions. However, the employer must be able to prove that an employee fits all the requirements for the exemption before they can withhold overtime pay.

New rules are currently under review by the U.S. Labor Department that will potentially cover millions of salaried workers that previously were ineligible for overtime compensation.  If the regulations are passed and you are a salaried worker that works uncompensated overtime hours, you will need to speak to an attorney to determine if your job position falls under these new guidelines to see if you are entitled to unpaid wages.

Understanding Breaks, Lunches and Time Off

The second most common question that an Tampa unpaid wage lawyer is asked is about the rules regarding breaks and lunches. Florida follows Federal labor laws, and these laws do not stipulate that an employer must provide you with any type of break during the workday, including lunch breaks. The only thing that is stated in the law is that if you are given a break of 20 minutes or less, the employer must pay you for that break, and if a lunch break is given and you are required to work through it, you must be paid for your lunch break. For instance, if a person has to sit and monitor the phones during their lunch period this is not considered a break and they must be paid for their time.  We often see issues with unpaid rest and meal times in call centers where telemarketing-related duties.

Speak to an Tampa Unpaid Wage Attorney Today

If you believe that your employer is unlawfully withholding your wages, you need to speak to an unpaid wage attorney at Florin Gray Bouzas Owens, LLC today. Schedule a consultation at 888.814.6199 and have your case professionally reviewed by an attorney who is dedicated to this area of law. You are entitled to receive the minimum wage for your work, or overtime for hours put in over 40 each week. Speak to an Orlando unpaid wage attorney today.

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