Our Unpaid Overtime Lawyers Can Help You Get What You Are Entitled To/

You work hard and put in extra hours, and you want to be paid accordingly. When it comes to overtime, Florida abides by the Fair Labor Standards Act (FLSA), the federal employment law that addresses minimum wage rates and overtime pay. According to the FLSA, if an employee works over 40 hours per work week, they are entitled to receive overtime pay at a rate of 1.5 times their normal hourly pay rate.

Unfortunately, extra money for overtime is something employers don’t like to have to come up with, and they often find ways to avoid doing so. Fortunately, you can fight back. If your employer has denied overtime or earned wages or you have been the victim of time or pay record alteration or manipulation, you can bring a lawsuit for what you are owed under the FLSA. You may be entitled to recover not only your unpaid wages, but also penalties intended to punish your employer for wage violations.

The Feldman Legal Group in Tampa, FL represents employees for unpaid overtime and wage and hour violations, as well as for many other employment law issues, such as wrongful termination. Our legal team is here to discuss your situation and determine the best way to help. For a free consultation, call us at (877) 946-8293 today.

How a Tampa Overtime Lawyer Can Help You

We deal with all legal processes to get you overtime and prevent employers from retaliation.

Employees who have been denied fair pay for overtime or have been subjected to other unfair practices by employers are often unsure of what their rights are and may be afraid of losing their jobs if they speak up and “rock the boat.” When you have an experienced employment lawyer on your side, you no longer have to be afraid. Our lawyers can help by:

  • Evaluating your situation to make sure you have a valid case and qualify for overtime under the law.
  • Explaining the law and your rights and options. Under the FLSA and Florida law, you are entitled to overtime and protected if you did not receive the overtime compensation you are owed.
  • Gathering facts and evidence to show that you were not fairly paid overtime. This includes documenting that you worked for a covered employer, establishing that you worked for your employer during the dates you specified, and that you were entitled to receive overtime but your employer did not pay you the overtime wages you earned.
  • Filing all paperwork in a timely manner, presenting evidence, and handling all legal procedures to advocate on your behalf and help you file an overtime lawsuit or negotiate an out-of-court a settlement to recover your unpaid wages.
  • Protecting you from retaliation.  Your employer is not allowed to retaliate against you or fire you if you provide notice to them about the unpaid overtime wages and then file a complaint with the Department of Labor (DOL) or pursue a civil suit.

Overtime Lawyers Explain Rules You Need to Know For An Overtime Rule Lawsuit

Before you file a lawsuit, you need to know what relevant overtime hours laws and qualifications are.

The Florida Department of Labor regulates overtime in Florida, according to FLSA regulations regarding minimum wage, overtime pay, recordkeeping, and youth employment standards. An employee who has been denied overtime may bring a lawsuit under the FLSA. Regulations cover employees in the private sector and in Federal, State, and local governments.

The FLSA overtime rules cover workers and salaried workers that earn less than certain limits. Covered workers include:

  • first responders like police, firefighters, and paramedics
  • manual laborers
  • paralegals, cashiers and retail store employees
  • practical nurses

Some workers are exempted from overtime pay, including:

  • independent contractors
  • some technology-related workers
  • some workers in the farm/agriculture or transportation industry
  • some seasonal employees, “live in” domestic staff, or babysitters
  • primary and secondary school teachers
  • administrators, executives, professionals and outside sales workers earning over the salary limits

FLSA Overtime

If you are a covered nonexempt employee, you must receive time and one half overtime pay for hours worked over 40 per workweek. This means any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods — at a rate not less than one and one-half times the regular rate of pay.

Hours Worked

This generally means all the time you are required to be on the employer’s premises, on duty, or at a prescribed workplace.

Employers try to avoid paying overtime

The Florida Department of Labor regulates overtime in Florida, according to FLSA regulations regarding minimum wage, overtime pay, recordkeeping, and youth employment standards. An employee who has been denied overtime may bring a lawsuit under the FLSA. Regulations cover employees in the private sector and in Federal, State, and local governments.

Employers often try to avoid paying overtime by classifying workers as independent contractors, when they may really be employees. The FLSA has clarified On January 6, 2021, the Department of Labor announced a final rule that clarifies the standard for employee versus independent contractor to make it easier to determine if you are actually an employee. The rule identifies:

  • Two “core factors” that prove whether a worker is economically dependent on someone else’s business or is in business for him or herself:
    • The nature and degree of control over the work.
    • The worker’s opportunity for profit or loss based on initiative and/or investment.
  • Three other factors as additional guideposts in the analysis:
    • The amount of skill required for the work.
    • The degree of permanence of the working relationship between the worker and the potential employer.
    • Whether the work is part of an integrated unit of production.
Miscategorizing employees as independent contractors or as other exempt categories is sufficient grounds for filing an overtime lawsuit. Our attorneys know this as well as other tactics employers use and will analyze your individual situation to prove that you are an employee entitled to overtime before filing a lawsuit.

Common Questions About Overtime Laws and Requirements

Here are some answers to questions we are often asked about unpaid overtime:

How Long Do I Have to File a Lawsuit for Overtime Violations?

The FLSA has statute of limitations or deadline that is generally two years after a violation to file a lawsuit or file an administrative claim. This timeframe can be extended to three years if the  violation is considered “willful.” Under Florida law, you have four years to file a lawsuit alleging that your employer failed to pay you the minimum wage or if the violation was willful, you have five years to file your claim.

What if my employer takes action against me if I file a lawsuit?

The FLSA specifically prohibit employers from taking action against an employee as retaliation for a lawsuit brought by an employee for unfair labor practices. Common retaliatory actions may include:

  • Firing the employee,
  • Demoting the employee
  • Making the employee work undesirable hours
  • Denying certain benefits available to others

Can a group of employees sue under FLSA?
In addition to allowing individual employees to sue employers, the FLSA allows employees to sue an employer collectively in a class action lawsuit if they have experienced identical or similar violations.

What Happens if I am Working Off the Clock?

Making you work off the clock is another way employers avoid paying overtime by not reporting all the hours you work. This can include having you do any of the following:

  • Perform preparation duties before you clock in.
  • Not report time worked on the weekend or other time that would be considered overtime, including when being on call.
  • Not report breaks. The FSLA requires that you must be paid for any short breaks of 20 minutes or less during the workday, and any time during which you must work, even if your employer calls it a break or lunch break, if you have to work through it.

What Can I Get in an Overtime Lawsuit Settlement?

If your employer has failed to pay you for overtime, you are owed the difference between what you should have been paid and what you were paid. Breaks for which you should have been paid count as hours worked, so may push your total hours for the week above 40 per workweek, so you are owed this amount as well.

Also, in a successful overtime lawsuit, federal and state law allow you to collect penalties in addition to the unpaid wages you should have received. Some of these penalties are:

  • Liquidated damages (an additional amount equal to your unpaid wages award) if your employer violates the Florida minimum wage law.
  • Liquidated damages for unpaid overtime. If you win an overtime case in court, you can be awarded liquidated damages in an amount equal to your unpaid wages. For example, if your employer failed to pay you $1,500 in overtime or unpaid wages, you would be entitled to an additional $1,500 in liquidated damages, or $3,000 total.

Under Florida law, to claim liquidated damages, you must tell your employer in writing that you plan to sue, what you should have been paid, the approximate days and hours for payment, and the total amount owed. The employer then has 15 calendar days to resolve your claim, or you can sue and request liquidated damages.

You may also receive payment for Attorney’s fees and costs and other remedies such as restoring your position (if you were terminated) or issuing an injunction against your employer so that they refrain from the type of conduct they used against you.

Call Us for Help with a FLSA Overtime Lawsuit

If you are an employee who has been unfairly denied overtime, our attorneys can help you file a civil claim with the Florida state court system or the Department of Labor in the form of an unpaid overtime lawsuit.

The Feldman Legal Group focuses our practice on standing up for the individual – in workers’ compensation cases, personal injury law, and employment law claims. Our experience, uncommon commitment to results and passion for our clients have earned us recognition as one of the top plaintiff law firms in the region. We are experienced, seasoned litigators who do not shy away from the courtroom.

Mitchell L. Feldman spent over a decade defending insurance companies against all sorts of injury claims and workers’ compensation claims. He now uses that defense background, experience and insight to maximize recovery, whether through settlement or verdict, for every client.

Our lawyers are cross-trained in a broad range of legal areas and have spent time as defense counsel on cases as well. Call us to for a free consultation to discuss your case today at (877) 946-8293 so we can show you how we can help.

Learn More About Overtime Pay Claims