Important Information for Your Wage and Hour Claim
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.
What the FLSA Authorizes
The FLSA authorizes the payment of all overtime hours at one and one-half the regular rate of pay for the hours worked for which Defendant did not properly compensate him over the 2 years period preceding the filing of a Complaint. The FLSA authorizes liquidated damages unless the employer establishes that it acted in good faith and with reasonable grounds for believing it was not violating the FLSA.
How Are Damages Calculated
The employee’s regular rate for one week is the basis for calculating any overtime pay due to the employee. The regular rate for a week is determined by dividing the total wages paid for the week by [40/the total number of hours plaintiff’s weekly salary was intended to compensate]. To calculate how much overtime pay was owed to plaintiff for a certain week, subtract 40 from the total number of hours she worked and multiply the difference by the overtime rate. Defendant failed to pay plaintiff the required overtime pay if it paid her less than that amount.
An Employer’s Record-keeping Burden
When an employer has failed to keep accurate records of an employee’s work time, an employee need only establish that he has in fact performed work for which he was improperly compensated and produce sufficient evidence to show the amount and extent of that work as a matter of just and reasonable inference. Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 687 (1946). The employee is required to provide only a reasonable approximation of the number of hours worked for which compensation is owed. Id. Once an employee has provided that reasonable estimate, the burden switches to the employer to come forward with evidence of the precise amount of work performed or to negate the reasonableness of the inferences to be drawn from the employee’s evidence. Id. at 687-88. See also Dove v. Coupe, 759 F.2d 167, 173-75 (D.C. Cir. 1985). If the employer fails to produce such evidence, the court may then award damages to the employee, even though the result be only approximate. Anderson, 328 U.S. at 688.
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.
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.
