Unpaid Wages / Overtime

General Overview

There are various laws, both state and federal, that ensure an employee’s right to be paid wages that are due from an employer. Florida law provides that an employee can bring suit over unpaid wages, and the Florida Constitution provides that all Florida employees must be paid no less than the state’s minimum wage. These state laws apply to all Florida companies and employees, and serve to ensure that Florida employees will at least be paid a minimum wage and will be paid for the time that they work.

Even more importantly, the Fair Labor Standards Act (FLSA) is a federal law that not only sets the federal minimum wage, but also mandates that a qualifying company must pay its nonexempt employees at a rate of time and one half overtime pay for all hours worked in excess of forty (40) during a given work week. In many circumstances, the Fair Labor Standards Act also provides for something called liquidated damages, which essentially doubles the amount that the employer owes to its unpaid employee. While the Fair Labor Standards Act does not apply to every company or every employee in Florida, it does apply to most companies with revenue of at least $500,000.00 per year.

The FLSA does exempt certain types of employees from overtime requirements, including certain types of professionals, executives, salespersons and truck drivers. However, companies often misclassify employees in these areas and fail to pay them the required overtime even though it is legally due and owing. Similarly, many such employees make the mistake of assuming that they are truly exempt from overtime simply because their employer labeled them as an exempt employee. In actuality, many employees who are labeled as exempt have been classified incorrectly, thereby depriving them of many thousands of dollars of overtime pay. At Loren & Mercer, P.A., our attorneys are up to date with recent changes in labor laws and have had extensive experience in helping employees recover millions of dollars in unpaid wages and overtime.

When an employee recovers against an employer for unpaid wages or overtime, the Defendant employer is obligated by law to pay for the employee’s attorney’s fees and costs. Thus, we do not charge our clients for attorney’s fees and costs unless we collect on their behalf. Consultation is free, and if we take your case, we don’t get paid unless you do. If you believe that you have not been properly paid for your wages or overtime, call Loren & Mercer, P.A. now at 1-888-WAGE HELP (888-924-3435) or click here to submit a simple online case form.