Overtime & The Fair Labor Standards Act (FLSA)
Important Information for Your Wage and Hour Claim
Typically, if you are a non-exempt employee you must be paid one and a half times your normal hourly rate for any hours worked in excess of 40 during your work week. If you are not paid overtime, and you are a non-exempt employee, you may have a claim against your employer. Just because you are paid a salary or receive a commission, that does not mean that you are necessarily an exempt employee.
Under the new overtime rules, workers earning less than $23,660 per year — or $455 per week — are guaranteed overtime protection. This strengthens overtime rights for 6.7 million American workers, including 1.3 million low-wage workers who were denied overtime under the old rules. If you make less than either of these amounts but are not paid overtime, please contact us immediately.
Workers who are covered by the FLSA are entitled to minimum wage of not less than 5.15 per hour; Florida law even mandates a minimum wage of $6.67 per hour. Employers are required to keep records on wages, hours, and other items which are generally maintained as an ordinary business practice. Failure to do so can implicate liability. The law often allows you to sue for back overtime pay up to three years from the date a lawsuit is filed. In addition, employees are entitled to double the amount of their back pay plus lawyer’s fees.
Let our Experienced Wage and Overtime Lawyers Help You
Contact our Florida firm today if you or someone you know might be entitled to overtime or a minimum wage. Overtime compensation in particular can be an extremely complex area of the law. FLSA exemptions, jurisdictional issues, and other problems can mean the difference between winning and losing. We can take these types of cases on a contingency basis, with no fees or costs to our clients.