Wage & Hour Disputes
Wage and Hour/FLSA
The Federal Fair Labor Standards Act provides guidelines for wages and overtime pay in both private and public places of employment. Many times employers may not follow the law and may fail to and pay an employee his or her deserved wages. Additionally, employees often are not fairly compensated for the extensive hours of overtime that they work at their places of business. In Florida, overtime pay applies to hours worked in excess of 10 hours per day or to hours worked in excess of 40 hours per week. Overtime pay is equal to one and half times regular rate.
Often covered employers misclassify an employee as salaried then refuse to pay that employee overtime pay for work performed. Some employers refuse to pay for compensable driving time claiming it to be exempt portal time when it is actually work time for which an employee should be paid. Many employers try to avoid wage and overtime law completely by misclassifying employees as "independent contractors" when they are really regarded as employees under the law. To understand your rights, visit the Department of Labor’s website or just give us a call.
Often when an employee complains about his or her pay, an employer will take retaliatory action against the employee. If you do complain to your employer that you are not receiving proper pay under the law, make sure to say that the practice complained of violates the Fair Labor Standards Act (FLSA). The best practice is to do so in writing. Should your employer retaliate against you for complaining, your written complaint can be used as evidence in court to prove such retaliation. If you have complained to the Department of Labor or to your employer and, as a result, your employer retaliated against you by firing you or by aversely changing the terms and conditions of your work, contact the attorneys at Thompson Legal Center at 813.769.3900. We may be able to help.
If you believe that you have been denied proper wages or overtime pay or if you believe that your employer unlawfully retaliated against you for making protected complaints, contact Thompson Law Center at 813.769.3900.