You work hard for a living and deserve to receive the wages you have earned. Sadly, many employers fail to pay the wages their employees are entitled to receive, including unpaid overtime or misclassifying workers to pay them less. If you have been a victim of wage theft, contact Florin Gray Bouzas Owens, LLC. Our Tampa Bay employment lawyers are dedicated advocates for Florida workers.
We are very selective in the cases we handle so we can provide our clients with the respect and attention they deserve. Our attorneys have more than 100 years of experience handling a wide range of employment law matters. We take a hands-on approach to our cases, devising comprehensive strategies specifically tailored to your needs and aggressively litigating to recover maximum compensation.
If your employer has failed to pay you all the wages you are owed, you may have a claim for compensation. Florida does not have a state agency that enforces wage and hour laws. Your options to enforce your rights to wages are:
In either case, having an experienced employer lawyer representing you can make all the difference in the outcome of your case.
Wage theft is a term that refers to a variety of infractions that result in workers not receiving their legally or contractually promised wages. It may involve:
Under the Florida Constitution, Article X, Section 24. Florida minimum wage, workers are guaranteed a minimum wage. This law also provides for an automatic increase of the minimum wage every year. As of January 1, 2018, the minimum wage in Florida is $8.25 per hour.
Florida overtime laws defer to federal laws. All non-exempt employees must be paid time and a half for every hour worked over 40 hours per week. Federal exemptions to the overtime rules apply in Florida. There are no state overtime laws that require additional pay for work on weekends or holidays. Vacation, holiday, and other pay for time not worked is not required in Florida.
An employee suing for unpaid wages has the burden of proof. To prove unpaid overtime, for example, the employee must produce evidence showing that he or she worked more than 40 hours a week and was not paid at one and a half times the regular rate for overtime hours worked.
Employers are required to keep accurate records of hours worked and wages paid. If the employer has failed to do so, the employee can establish the number of weekly hours worked with his own testimony or an affidavit.
Employees may recover all unpaid overtime for the two to three-year period before the lawsuit was filed. Almost all employees who win wage theft claims are awarded liquidated damages, which doubles their recovery. In a claim for not receiving minimum wage, an employee may recover back wages plus damages and attorney fees.
Our Tampa Bay employment attorneys at Florin Gray Bouzas Owens, LLC have a history of success handling a wide range of employment law matters. Contact us for a free consultation if you have been a victim of wage theft.