Federal Law [Fair Labor Standards Act - FLSA] provides that employees are entitled to be paid their agreed upon wages, as well as time and one-half overtime pay for all hours in excess of forty (40) hours per week. The FLSA also provides attorneys fees to the prevailing plaintiff. The Labor Law is complex and many time employers knowingly or unwittingly violate the law in many ways.
Here are some common Employer Violations:
* Failure to pay overtime for working over 40 hours a week.
* Making non-exempt employees work on a fixed weekly salary.
* Failure to pay an employee’s last check.
* Failure to pay for lunches or breaks when the employee is not free from work.
* Docking wages for lunch breaks even when the employee was working during lunch break.
* Failure to pay the employee’s last check.
* Paying overtime at the regular wage rate instead of the one and one-half time.
* Failure to pay for the “On-Call” work.
* Asking employees to work after clocking out.
* Failure to pay overtime on a weekly basis in a bi-weekly pay system.
BROWN, VAN HORN P.A. are Your Wage and Hour Lawyers
Our Law Firm focuses on protecting the rights of employees who are owed money by an employer. We do not represent Employers.
In most cases, there are no fees to hire us. We do not get paid until you do. If you are owed money by an employer, time is an important factor in your case. Do not delay.
Overview Of Wage & Hour Law
The Florida Constitution and Florida Law provide that an employee can bring suit over unpaid wages, and provide that all Florida employees must be paid no less than the state’s minimum wage. These state laws apply to all Florida businesses and employees, and are in place to ensure that all Florida employees (1) will at least be paid a minimum wage, and (2) will be paid for the time that they work.
The Fair Labor Standards Act (FLSA) is a federal law that not only sets the federal minimum wage, but also mandates that a qualifying company must pay its nonexempt employees at a rate of time and one half overtime pay for all hours worked in excess of forty (40) hours during a given work week. In many circumstances, the Fair Labor Standards Act also provides for something called liquidated damages, which essentially doubles the amount that the employer owes to its unpaid employee.
At Brown, Van Horn P.A., our approach is not to give Employers a hard time, but to aggressively fight for the employee who has been wronged and get the employee what he or she deserves. We realize the importance of employers who provide much needed jobs, especially in these tough economic times.
Paying Overtime Hours At Regular Time Rates
Employers will sometimes simply refuse to pay the overtime at the proper overtime rates. This usually happens at mom and pop businesses. This is simply wrong, and the employee has a legitimate claim for additional pay.
Withholding An Employee’s Last Payroll Check
Sometimes an employer will not pay an employee their last pay check for a variety of reasons such as the employee did something wrong, failed to give enough notice, did not return uniforms, etc., or for any reason at all. All of this is not legal under Florida and Federal law. The employee has to pay the employee the last pay check no matter what the employee did. The employer is not allowed to punish the employee just because the employment relationship went sour.
Paying The Employee A “Salary”
Only “Exempt” employees can be paid a flat weekly salary. All others have to be paid by the hour, and overtime if the employee has worked for more than 40 hours in a week. Even if you have the title of “manager” or “supervisor” you may be entitled to overtime wages.
Requiring An Employee To Work Off The Clock
Many times, an employer will require an employee to start working without clocking in, or work later off the clock. In these cases, the employer is breaking the law, and the employee is entitled to be paid at the appropriate rate for those additional hours.
Refusing To Pay An Employee For Unapproved Overtime
Reducing labor costs is an appropriate function of the business owner, however, not paying overtime just because it was not approved ahead of time is not. Even if the overtime was not approved, if you worked additional hours, under Florida and Federal law you are entitled overtime wages.
Asking An Employee To Work During Lunch Break
Unless the employee is completely free during his/her lunch break, the employer is required to pay for that time. If the employer requests you to handle business during your lunch hour, you are entitled to be paid for that time.
Assigning On-Call Work To An Employee
If an employee is “On-Call”, that individual is required to be paid for the actual work performed during that period at a minimum. Under certain circumstances, the employee may be entitled to wages for the entire time spent On-Call.
Paying The Employee On A Two Week Pay Period
Even if you are paid on a bi-weekly pay period, you are still entitled to be paid overtime on a weekly basis for all hours over the 40 hours that you have worked. For example, if in week one you worked 50 hours, the employer must pay you for 10 hours as overtime hours, even if the total hours you worked for a two week period does not exceed 80 hours.
Labor and Employment Law
If you believe that your employer has failed to comply with any of the following laws, please contact us. We may be able to assist you.
Please Feel Free to Contact Us for your FREE Consultation.
Here are some common Employer Violations:
* Failure to pay overtime for working over 40 hours a week.
* Making non-exempt employees work on a fixed weekly salary.
* Failure to pay an employee’s last check.
* Failure to pay for lunches or breaks when the employee is not free from work.
* Docking wages for lunch breaks even when the employee was working during lunch break.
* Failure to pay the employee’s last check.
* Paying overtime at the regular wage rate instead of the one and one-half time.
* Failure to pay for the “On-Call” work.
* Asking employees to work after clocking out.
* Failure to pay overtime on a weekly basis in a bi-weekly pay system.
BROWN, VAN HORN P.A. are Your Wage and Hour Lawyers
Our Law Firm focuses on protecting the rights of employees who are owed money by a employer. We do not represent Employers.
In most cases, there are no fees to hire us. We do not get paid until you do. If you are owed money by an employer, time is an important factor in your case. Do not delay.
Overview Of Wage & Hour Law
The Florida Constitution and Florida Law provide that an employee can bring suit over unpaid wages, and provide that all Florida employees must be paid no less than the state’s minimum wage. These state laws apply to all Florida businesses and employees, and are in place to ensure that all Florida employees (1) will at least be paid a minimum wage, and (2) will be paid for the time that they work.
The Fair Labor Standards Act (FLSA) is a federal law that not only sets the federal minimum wage, but also mandates that a qualifying company must pay its nonexempt employees at a rate of time and one half overtime pay for all hours worked in excess of forty (40) during a given work week. In many circumstances, the Fair Labor Standards Act also provides for something called liquidated damages, which essentially doubles the amount that the employer owes to its unpaid employee.
At Brown, Van Horn P.A., our approach is not to give Employers a hard time, but to aggressively fight for the employee who has been wronged and get the employee what he or she deserves. We realize the importance of employers who provide much needed jobs, especially in these tough economic times.
Paying Overtime Hours At Regular Time Rates
Employers will sometimes simply refuse to pay the overtime at the proper overtime rates. This usually happens at mom and pop businesses. This is simply wrong, and the employee has a legitimate claim for additional pay.
Withholding An Employee’s Last Payroll Check
Sometimes an employer will not pay an employee their last pay check for a variety of reasons such as the employee did something wrong, failed to give enough notice, did not return uniforms, etc., or for any reason at all. All of this is not legal under Florida and Federal law. The employee has to pay the employee the last pay check no matter what the employee did. The employer is not allowed to punish the employee just because the employment relationship went sour.
Paying The Employee A “Salary”
Only “Exempt” employees can be paid a flat weekly salary. All others have to be paid by the hour, and overtime if the employee has worked for more than 40 hours in a week. Even if you have the title of “manager” or “supervisor” you may be entitled to overtime wages.
Requiring An Employee To Work Off The Clock
Many times, an employer will require an employee to start working without clocking in, or work later off the clock. In these cases, the employer is breaking the law, and the employee is entitled to be paid at the appropriate rate for those additional hours.
Refusing To Pay An Employee For Unapproved Overtime
Reducing labor costs is an appropriate function of the business owner, however, not paying overtime just because it was not approved ahead of time is not. Even if the overtime was not approved, if you worked additional hours, under Florida and Federal law you are entitled overtime wages.
Asking An Employee To Work During Lunch Break
Unless the employee is completely free during his/her lunch break, the employer is required to pay for that time. If the employer requests you to handle business during your lunch hour, you are entitled to be paid for that time.
Assigning On-Call Work To An Employee
If an employee is “On-Call”, that individual is required to be paid for the actual work performed during that period at a minimum. Under certain circumstances, the employee may be entitled to wages for the entire time spent On-Call.
Paying The Employee On A Two Week Pay Period
Even if you are paid on a bi-weekly pay period, you are still entitled to be paid overtime on a weekly basis for all hours over the 40 hours that you have worked. For example, if in week one you worked 50 hours, the employer must pay you for 10 hours as overtime hours, even if the total hours you worked for a two week period does not exceed 80 hours.
Labor and Employment Law
If you believe that your employer has failed to comply with any of the following laws, please contact us. We may be able to assist you:
Americans with disabilities act
Discrimination claims
Employee contracts
Employment audit
Fair labor standards act
Family and medical leave act
OSHA
Unemployment compensation