Fort Lauderdale Wage & Hour Lawyer
Fort Lauderdale employers have a duty to pay you the full wages you have earned, which in many cases can include overtime. In the event your employer fails to pay you your full earnings, you could have a claim against them. In addition to reimbursement of your unpaid wages and/or overtime, you could be eligible to receive compensation for your attorney fees and court costs. If you believe your employer owes you money, you need to speak with an experienced Fort Lauderdale wage and hour lawyer who can look at the specifics of your case.
What is the Minimum Wage in Florida?
There is a federal minimum wage amount, and states are free to enact their own minimum wage amount, provided it is not less than the federal standard. Florida is one state that has adopted its own minimum wage laws. As of January 1, 2019, the minimum wage in the state is $8.46, up from $8.25 an hour. Employees who fall under “tipped employee” positions also saw an increase from $5.23 an hour to $5.33.
Fort Lauderdale Unpaid Wage Claims
Unpaid wage claims involve your employer not paying you at least the minimum wage or the right number of hours that you worked. To verify whether you were paid appropriately or not, calculate what you should’ve been paid at the correct minimum wage versus what you were actually paid.
For tipped employees, you would calculate using the lower minimum wage amount. When a tipped employee doesn’t make enough in tips to meet the minimum wage threshold, the employer is expected to make up the difference. This is a common area of unpaid wage claims, as the employer is often not paying their tipped employees whatever the missing difference is.
Unpaid Overtime Claims in Fort Lauderdale
Failure to pay an employee for overtime is a common problem in Florida. There are no specific overtime laws in place, which means all employers are expected to follow the federal laws concerning overtime. This means that if you worked over 40 hours a week, you are entitled to overtime pay in most cases. It would depend on your classification as an employee — exempt or non-exempt.
Non-exempt employees are paid an hourly wage and are entitled to overtime. Exempt employees are paid a set salary and would not receive overtime. This is where a lot of employers find themselves in trouble. Only certain types of positions are eligible to be salaried. Some employers do not have their employees classified correctly. This can be unintentional or, in some cases, intentional as employers attempt to avoid paying overtime. This is a common violation and employers need to understand there can be repercussions for not having employees classified properly.
Contact a Fort Lauderdale Wage and Hour Lawyer
If you have questions about employee classification or you think you have a valid unpaid wage and/or overtime claim, it’s important to speak with a knowledgeable Fort Lauderdale personal injury attorney right away. Contact The Pendas Law Firm today at 888-LPENDAS (573-6327) to schedule an initial consultation. Let us help determine whether you have a valid claim against your employer.