Litigation and Business Representation

You worked overtime. You deserve to be paid.

Employers violate overtime laws all too frequently, despite the fact that federal law clearly states that hourly wage employees who work more than 40 hours in a single workweek are entitled to overtime pay.  Depending on the situation, salaried employees can receive overtime pay as well.

Some common tactics employers use to avoid paying workers overtime include requiring them to work off the clock or misclassifying their jobs as “exempt” from overtime laws.  The Tampa overtime pay attorneys at Lieser Skaff can help you fight for the unpaid overtime wages that you are rightfully owed.

Although the federal Fair Labor Standards Act (FLS) governs most workers, there are some types of workers not covered by the FLS, such as those employed in the movie theater business and in the truck driving, railroad and agriculture industries.  Also, some employees are considered “exempt” from the FLS overtime rules because their occupations involve executive, professional or administrative job duties.

1. Non-Exempt Workers
   A worker covered by the FLS must receive 1.5 times (time and a half) his or her regular rate of pay for each hour worked over 40.  Just because you are paid a salary does not mean you are exempt from the FLS.  Generally, any worker whose annual salary is less than $23,600 ($455 per week) can be paid overtime.  Salaried workers who earn more than $455 per week can receive overtime unless their job duties classify them as exempt.
2. Tips and Breaks
   Workers who earn tips such as bartenders and servers are generally entitled to overtime pay if they work more than 40 hours in a week.  An employer is prohibited from substituting overtime pay for comp time or any other kind of payment when a worker puts in more than 40 hours in week.  As for lunch breaks, an employer can deduct time take for breaks that exceed 20 minutes and that are actually taken and not merely scheduled.
3. Independent Contractor
   The FLS does not cover independent contractors.  Your employer considers you an independent contractor if you are given a 1099 form instead of a W-2 form.  However, you could still be due overtime pay if the nature of your working relationship with your employer is such that you are, in reality, an employee and not an independent contractor.   The experienced Tampa FLS attorneys at Lieser Skaff can help you analyze the various factors that determine whether you should be covered by the FLS.
4. Retaliation
   Employees understandably worry about getting fired or suffering other negative consequences if they complain about unpaid wages.  The FLS severely penalizes employers who retaliate against employees for complaining.  If you were fired, demoted or suffered of some other unfair treatment after you talked to your employer about not being properly paid, you can file other claims to get your job back and recover back wages as well as other penalties.

Under the FLS, you have a limited amount to time to file suit against your employer to recover unpaid wages, so you should act quickly.  If you believe that you are owed unpaid overtime wages, please contact our firm to schedule a consultation regarding your rights.