Experienced Overtime Pay Lawyer/

The Tampa overtime pay lawyers at Feldman Williams, PLLC represent employees who have overtime pay claims. We also represent employees in a broad spectrum of labor and employment matters, including overtime wage disputes under the federal Fair Labor Standards Act (FLSA).

 

Based in our offices in Tampa, Jacksonville and Atlanta, we have the experience to handle overtime wage disputes for clients throughout Florida and Georgia.

Are You Entitled to Overtime Pay?

Many people are entitled to overtime pay, despite being declared 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 to seek recovery of overtime wages plus recovery of reasonable attorneys’ fees. The employee may recover two times the actual overtime wages due.

Find Out if You Have an Overtime Wage Case

If you believe you have an overtime case, talk to the employment attorneys at Feldman Williams, PLLC. We have the experience, conviction and fortitude to give you the representation you need.

Rules of Overtime Pay

Overtime must be paid at a rate of at least one and one-half times the employee’s regular rate of pay for each hour worked in a workweek in excess of the maximum allowable in a given type of employment. Generally, the regular rate includes all payments made by the employer to or on behalf of the employee (excluding certain statutory exceptions). The following examples are based on a maximum 40-hour workweek.

Hourly Rate

The regular pay rate for an employee paid by the hour. If more than 40 hours are worked, at least one and one-half times the regular rate for each hour over 40 is due.

Piece rate

The regular rate of pay for an employee paid on a piecework basis is obtained by dividing the total weekly earnings by the total number of hours worked in the same week. The employee is entitled to an additional one-half times this regular rate for each hour over 40, plus the full piecework earnings.

 

Another way to compensate pieceworkers for overtime, if agreed to before the work is performed, is to pay one and one-half times the piece rate for each piece produced during the overtime hours. The piece rate must be the one actually paid during non-overtime hours and must be enough to yield at least the minimum wage per hour.

Salary

The regular rate for an employee paid a salary for a regular or specified number of hours a week is obtained by dividing the salary by the number of hours for which the salary is intended to compensate.

Calculating Overtime Pay for Salaried Workers

If, under the employment agreement, a salary sufficient to meet the minimum wage requirement in every workweek is paid as straight time for whatever numbers of hours are worked in a workweek, the regular rate is obtained by dividing the salary by the number of hours worked each week.

 

To illustrate, suppose an employee’s hours of work vary each week and the agreement with the employer is that the employee will be paid $300 a week for whatever number of hours of work are required. Under this agreement, the regular rate will vary in overtime weeks. If the employee works 50 hours, the regular rate is $6 ($300 divided by 50 hours). In addition to the salary, half the regular rate, or $3, is due for each of the 10 overtime hours, for a total of $330 for the week. If the employee works 60 hours, the regular rate will be $5 ($300 divided by 60). In that case, an additional $2.50 is due for each of the 20 overtime hours, for a total of $350 for the week.

 

In no case may the regular rate be less than the minimum wage required by FLSA.

 

If a salary is paid on other than a weekly basis, the weekly pay must be determined in order to compute the regular rate and overtime. If the salary is for a half month, it must be multiplied by 24 and the product divided by 52 weeks to get the weekly equivalent. A monthly salary should be multiplied by 12 and the product divided by 52.

Double Damages for Unpaid Back Wages

What Are Double Damages?

Successful plaintiffs are usually entitled to recover double the amount of improperly unpaid back wages. These are called liquidated damages and are awarded in lieu of interest. Plaintiffs are entitled to this extra payment unless the employer can show it had a good faith belief it was following the law and it had reasonable grounds for believing it was complying.

Is Your Position Exempt?

The FLSA has exemptions from overtime pay protections. Several tests are used to determine whether an employee’s position is exempt from overtime under the FLSA. As a general rule, job titles alone do not determine the exempt or nonexempt 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.

Do You Need a Tampa Overtime Pay Attorney?

To schedule an appointment with an experienced lawyer regarding labor laws applying to overtime requirements, please contact us today. The attorneys at Feldman Williams, PLLC assist employees involved in overtime and wage and hour disputes throughout Florida and Georgia.

Learn More About Overtime Pay Claims