Feldman, Fox & Morgado, P.A. represents both business/employers and individuals/employees on a broad spectrum of labor and employment disputes including "overtime pay" under the FLSA, employment contract disputes, wrongful termination and discrimination claims. Whether you are a small business, a large national corporation, or an individual, Feldman, Fox & Morgado, P.A. has experienced attorneys to handle your employment disputes and litigation throughout the State of Florida.
The firm is experienced handling labor and employment disputes in both State and Federal District Court, including claims and litigation involving:
- Wrongful Termination
- Discrimination and sexual harassment
- Whistleblower Claims
- ERISA Claims
- ADA Claims
- Employment contract disputes (non-solicitation / non- compete agreements)
- Unpaid Wages
- RICO Act Claims
Many people are entitled to overtime pay, despite being declared as "salaried employees", or labeled as "exempt" by employers. Employers must document the time worked for employees eligible for overtime pay.
Employees have rights under the FLSA (Fair Labor Standards Act) to seek recovery of overtime wages plus recovery of reasonable attorney's fees. The Employee may recover 2 times the actual overtime wages due. Liquidated Damages ("double damages") Successful plaintiffs are usually entitled to recover double the amount of improperly unpaid back wages. This is called "liquidated damages" and is awarded in lieu of interest. Plaintiffs are entitled to this extra payment unless the employer can show they had a good faith belief that they were following the law and that they had reasonable grounds for believing they were complying.
FLSA has exemptions from overtime pay protections. Several tests are used to determine whether an employee's position is exempt from overtime under the FSLA. As a general rule, Job titles alone do not determine the exempt or non exempt status of an employee. Therefore, just because an Employee is deemed to be paid on a salary basis, or labeled as a manager is not determinative of whether the employee is exempt under the FLSA.
For more information or to schedule an appointment with an experienced lawyer regarding labor laws applying to overtime requirements, please contact one of our offices in Tampa, Ocala/Gainesville, Miami or Naples.
