If you work in Orlando, Tampa or in any other place within the Central Florida area, and you think you might have unpaid overtime, our highly experienced Central Florida unpaid overtime attorney is here to Help!
Congress enacted the Fair Labor Standards Act ("FLSA") in 1938 as part of the New Deal legislation in response to the Great Depression. The purpose of enacting the FLSA was to neutralize the twin evils of overwork and underpay. When the FLSA was enacted Congress found that employers that paid a substandard wage caused a decrease in wages within their respective industries. To ensure that American workers receive a fair day's pay for a fair day's work, the FLSA establishes a minimum wage requirement and dictates that employers requiring their employees to work in excess of forty (40) hours in a work week to pay an overtime rate "not less than one and one-half times" the employee's usual rate of pay. The FLSA also requires bonus payments to be included as part of an employee's regular rate of pay when computing an employee's overtime rate. The FLSA requires overtime rate to be time and one-half times an employee's regular rate of pay which includes, in addition to the regular hourly wage or salary, bonuses and commissions earned.
The FLSA exempts some employees from its overtime pay and minimum wage provisions, and it also exempts certain employees from the overtime pay provisions only. The exemptions are narrowly construed against employers who classify their employees as exempt and the FLSA assumes that employees are non-exempt and entitled to overtime pay. It is the employer that bears the burden of proving that its employees are exempt from the overtime provisions of the FLSA.
One of the most misunderstood rules about overtime pay requirements is that if you are paid a salary you are exempt from overtime pay, or time worked above forty hours in a work week. Whether an employee is entitled to overtime pay is determined by your job duties and responsibilities – not by your title or the fact that you are paid a salary. A salary, by itself, does not exempt employees from the minimum wage or overtime provisions of the FLSA. Likewise, simply because your employer labels you a "manager" or "independent contractor" does not mean that you are not entitled to overtime pay.
While many employers follow the law, many employers have given out titles such as "Manager" and "Assistant Manager" in order to avoid paying their employees overtime wages. In addition, many employers have decided to pay their employees a salary, rather than an hourly wage, to have their employees work longer hours and to avoid paying their employees overtime wages. Unfortunately, many employees believe that by being labeled a "Manager" or "Assistant Manager," or being paid a salary, they have agreed to waive their right to overtime wages. However, employees cannot waive the overtime and minimum wage requirements of the FLSA.
As opposed to job titles, such as "Manager" and "Assistant Manager," or being paid a salary, what is important in determining whether you are entitled to overtime pay is, among other things:
If your job duties and responsibilities do not include hiring or firing employees, supervising two or more employees, or exercising independent judgment and discretion with respect to matters of significance then you may be entitled to overtime wages.
If you work within the Central Florida area, including the cities of Orlando and Tampa, and you think you might have an overtime wages claim, please contact our highly experienced Central Florida overtime pay attorney. Our Florida employment lawyer is very skilled and has helped many clients in the past with unpaid overtime claims. Call us today at (407) 205-2330 for a free evaluation of your case. You may also fill out the online form located at the top of this page and we will contact you shortly. We value your privacy and will keep all your information confidential.
Federal law requires employers to pay time-and-a-half for most employees who work more than 40 hours in a given workweek - unless they are exempt. Unfortunately for workers, this rule is often not observed, resulting in hardworking employees missing out on substantial income to which they are legally entitled. For obvious reasons, some employers want to avoid paying overtime in order to save money and may try and skirt the rules or misclassify employees as exempt when they are actually nonexempt. In other cases, an employer may simply have a misunderstanding of the relevant law. Whatever the case, it is critical for employees who believe that they are entitled to overtime pay to protect their rights.
People in certain occupations, industries, or who have certain job duties may be exempt from the federal overtime requirements. These laws governing overtime exemptions are extremely complicated and it is not possible to fully explore each exemption here, but some of thecategories of employees that may be exempt include the following:
When your employer is withholding overtime pay, you may feel helpless and like there is nothing you can do. This is certainly not the case, and retaining an attorney can make the process of obtaining the overtime to which you are entitled significantly easier. Some of the ways that a lawyer can help include the following:
If you believe that you have been wrongfully denied overtime, you should contact an attorney as soon as possible. In many cases, the representation of an Orlando unpaid overtime lawyer can get you the overtime you are owed and ensure that violations do not occur in the future. To learn more about how an attorney can help you, call J. Allen Law, P.L. today at 407-205-2330.
Copyright 2015 @ All rights reserved. None of the work may be used without written permission.
Disclaimer: This website is an advertisement by the Law Firm of J. Allen Law P.L. This advertisement is not intended nor shall it create an attorney-client relationship between you and this law firm or any attorney for this law firm. Nothing contained in this advertisement constitutes legal advice or guarantees any result. In addition, neither J. Allen Law P.L. nor its attorney(s) guarantee the accuracy or completeness of the information provided here, and shall not be liable for any errors or delays in the content, or for any actions taken in reliance of this information. Any content provided on this website is for informational purposes only and should not be relied upon and is not intended to be a ‘shortcut’ to replace the advice of a knowledgeable and experienced attorney. It is therefore strongly recommended that you consult with your legal counsel before making any decision. Finally, no tax advice or opinion has been intended, rendered or expressed on this website. Tax matters should be consulted expeditiously with reliable tax professionals. This firm has endeavored to comply with all known legal and ethical requirements in compiling this ad.