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Unpaid Overtime

If you worked overtime, then you deserve to be compensated. Many employers in Florida have no shame in violating Florida's overtime pay laws. Both federal and Florida law provide that hourly workers who work more than 40 hours in a given week are entitled to overtime pay.

Employers use many tricks in order to avoid paying overtime. For example, employers sometimes classify workers as salaried employees just to avoid paying overtime. Misclassifying an employee's position to be exempt from overtime law is also a violation of Florida law. In some cases, workers paid a salary are entitled to overtime pay. Other tricks including having employees work off the clock or not report overtime.

Labor laws in Florida impose other requirements related to a minimum wage. Additionally, Florida law provides that a day's work for a manual laborer is 10 hours. (See Florida Statutes, Section 448.01.) Unless there is a written contract that specifies otherwise, the employer is not permitted to require manual laborers to work a longer day without extra pay.

Attorney in Miami, FL for Overtime Pay Violations

If you believe your employer failed to pay you for overtime wages that you are entitled to receive, then contact an experienced attorney at The Hoffman Firm to discuss your case. Call (305) 940-2307 today.

Under the Federal Fair Labor Standards Act (FLSA), employees have up to three (3) years to recover overtime pay. 

Florida's Overtime Laws

The Fair Labor Standards Act (FLSA) requires most employees to be paid at least the minimum wage for regular work hours. The FLSA also requires employees to be paid overtime when their total weekly hours exceed 40 hours. The laws in Florida also follow the FLSA in this regard. In 2016, Florida's minimum wage is $8.05, higher than the federal minimum wage of $7.25. A person who earns $8.05 per hour would be entitled to one-and-a-half times the regular wage for any hours worked more than 40 hours or $12.075 per hour for each overtime hour.

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Salary Employees Are Not Necessarily Exempt from Overtime in Florida

Many employees believe they are not entitled to overtime pay if they are paid a salary, instead of by the hour. Florida law provides that some employees are entitled to overtime pay regardless of whether the employer classifies the employee's pay on an hourly basis or a salary basis.

To determine whether an employee is entitled to overtime, you should look at the employment type and whether it can be classified as exempt or non-exempt.

“Exempt” employees include executive, administrative, and professional employees. Additionally, exemptions exist for outside sales personnel, certain specialized computer personnel, certain highly compensated employees, and certain retail sales employees.

Overtime Pay Guidelines for Exempt and Non-Exempt Employees in Florida

Your job title does not necessarily determine whether you are eligible for overtime pay. Instead, you must look at your wages, duties, and occupation to determine whether you are entitled to overtime pay.

As a general rule, any employee with a salary of less than $23,600 can be awarded overtime pay. Likewise, an employee with a salary who earns less than $455 per week is usually entitled to overtime pay.

Also, employees paid a salary who earn more than $455 per work week can receive overtime unless their job duties earn them an exemption. Exceptions can include outside sales, professionals, executives, administrative, or computer-related occupations.

The following type of non-management employees are usually permitted overtime pay, including employers who perform the following:

  • clerical duties

  • manual labor

  • repairs

  • secretarial work or

  • kitchen work

With very few exceptions, employees paid on an hourly basis are also entitled to overtime pay. Some exceptions would involve employees paid on an hourly basis but travel regularly, as well as most commission-based workers.

Even employees who earn most of their money through tips are entitled to overtime. Those employees can include delivery persons, waiters, and bartenders.

Non-government employers cannot avoid paying overtime by substituting compensatory time or vacation time for overtime pay. Therefore, for example, if you work 45 hours one week, the employer cannot avoid paying you overtime for that week by giving you time off the next week.

Even lunch breaks cannot be taken off the calculation of the hours unless they exceed 20 minutes and are actually taken and not merely scheduled. If you sit at your desk and work during the lunch break then technically that time should not be deducted from your weekly hours.

Overtime Pay for Independent Contractors in Florida

For employees who are independent contractors and are paid via a 1099 form instead of a W-2 form, the employee might still be entitled to overtime pay. In some cases, employers will misclassify an employee as an independent contractor in order to avoid paying overtime or other benefits.

The classification as an independent contract is determined by looking at the relationship between the parties and the nature of the duties involved in performing the work required by that relationship.

Employers who Fire an Employee for Filing a Claim for Unpaid Wages or Overtime

Employers can face harsh penalties for retaliating against or discharging any employee who claims unpaid wages. If you have a claim for unpaid wages or believe your employer has retaliated against you for asserting your rights, then contact an experienced attorney at The Hoffman Firm.

Call The Hoffman Firm today to discuss your case with an attorney experienced in asserting unpaid overtime and wage claims against an employer.

We can help you determine what claims can be filed and how to assert your rights to get your position reinstated or collect money damages for your unpaid compensation along with any other penalties you are entitled to.

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Additional Resources

U.S. Department of Labor — Wage and Hour Division: Overtime Pay — The Wage and Hour Division of the United States Department of Labor provides, information, guidance, facts sheets, tools, and more related to overtime pay.

Finding an Attorney for Unpaid Overtime in Miami

If your employer refused to pay you for overtime hours you worked, then you might be entitled to proper compensation. Attorney Evan Hoffman represents employees in suits against their employer for unpaid overtime in Miami in Miami-Dade County, Fort Lauderdale in Broward County and West Palm Beach in Palm Beach County.

Call (305) 940-2307 to contact an attorney at The Hoffman Firm to discuss your case today.

This Article Was Last Updated on March 24, 2017

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Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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