Overtime Attorney in Naples

Whether or not you are entitled to overtime pay depends on your line of work and the type of employee you are. Florida doesn’t have any overtime protections, so the prevailing law is the federal Fair Labor Standards Act (FLSA), which determines your status. For those who do qualify, you are entitled to one and a half times your regular wage for time worked beyond 40 hours in a week.

Even if you are legally entitled to overtime pay, however, employers have a number of tactics they use in hopes of successfully keeping overtime pay from you. Among these methods are off-the-clock work and the misclassification of employees.

Working “Off the Clock”

Employees are supposed to be compensated for the entire length of time they are furthering their employer’s business, even if it exceeds 40 hours per week. Yet, some employers require their employees to perform work either before clocking in or after clocking out.

Even small tasks before or after your shift will start to add up. Spending just five minutes off the clock completing an extra task can add up to hours of unpaid labor. Before you know it, a year has passed and there is a substantial amount of money you are owed but have not received.

Misclassification

Another way employers may try to reduce paying employees fair wages is by misclassifying them. Standard wage and hour laws don’t apply to those who are labeled as independent contractors, but sometimes employees are mislabeled as independent contractors so their employers can avoid paying them overtime.

There is a multi-factored and fact-intensive legal test for distinguishing between an employee and an independent contractor. This test looks at the nature of your work, the amount of supervision you receive, where your work is performed, and who provides your tools, among other factors.

There are a number of other ways that employers can misclassify their employees so as to not have to pay them overtime, even though they are entitled to it. This can include classifying an employee as salaried instead of hourly, so that they don’t believe that they are entitled to overtime pay. All of these tactics are illegal under Florida law.

With so many different ways employers try to game the system and avoid paying employees a fair wage, it becomes more and more important for employees to know their rights. If they are not sure about if they are the victim of wage theft it may be time to contact an experienced wage & hour attorney.

If an employer does not properly compensate you for all hours worked, an attorney can help you file a claim under the Fair Labor Standards Act to recover unpaid wages. These claims may permit you to recover double the amount of damages you incurred as a result of the wage law violation, attorneys’ fees and related legal costs.

No one should have to deal with being denied overtime. It’s not just inappropriate that you’re missing out, it’s illegal. Our team of attorneys at Naples is ready to help protect you from employers who engage in these activities.

If you have been denied overtime pay by your employer, you may have legal options. Morgan & Morgan has experienced wage & hour attorneys who understand the specifics of overtime law. To learn more about your options and how an attorney may be able to help, fill out our free case review form.