Jacksonville Wage & Hour Lawyer
Wage and hour laws are intended to protect Florida employees, but some employers engage in tactics to deprive workers of their rightful pay. Fortunately, many of these same laws allow you to seek compensation from your employer.
Our Jacksonville wage and hour lawyers at the Pendas Law Firm can help enforce your rights as an employee, so please contact our office to set up a consultation. We can explain more about your legal options after learning more about your circumstances.
Common Claims Based on Wage and Hour Laws
The majority of disputes over wages and/or hours arise under the federal Fair Labor Standards Act (FLSA) and the regulations adopted under it. Florida follows these federal provisions for purposes of employer-employee relations. Our team handles all types of claims arising under wage and hour laws, including:
- Minimum Wage: Though federal law provides minimum wage at $7.25 per hour, states are allowed to provide for higher rates. Florida set the amount at $8.46 per hour, effective January 1, 2019. Employers in the private and public sectors are required to pay all covered employees this amount.
- Overtime and Exemptions: Employees must be paid overtime at a rate of 1.5 times their normal wage when they work more than 40 hours in a work week.
- Improper Classifications: Many wage and hour claims are the result of an employer misclassifying an employee. Companies may do this so they can skirt compliance with the minimum wage, overtime, and other laws that protect workers. Improper classifications typically occur with respect to two key factors:
- Independent Contractor: If your employer treats you as an independent contractor, none of FLSA or regulations apply to your situation. Your wage and work conditions are established by an agreement, not by law. You may have a claim of improper classification and gain status as an employee, which would mean you’re entitled to protections under FLSA.
- Exempt Versus Non-Exempt Employee: Even if you’re an official employee, you may be exempt from some FLSA provisions. Your employer isn’t required to comply with minimum wage, overtime, or other regulations. You could be an exempt worker if you’re paid a salary and work in certain positions, such as executive, supervisory, or sales.
Your Rights in Employment-Related Disputes
If your employer has violated wage and hour laws, or misclassified you to avoid compliance, you do have rights. The US Department of Labor’s Wage and Hour Division is authorized to enforce FLSA, so you could file a complaint with the agency. However, you may also file a private lawsuit in court to seek such remedies as:
- Back pay amounts not paid in accordance with law;
- Liquidated damages, if your employer’s violation of FLSA was intentional; and,
- Injunctive relief, forcing your employer to comply with the statute.
Discuss Your Case with a Jacksonville Wage and Hour Lawyer
If you have questions about your rights as an employee under wage and hour laws, please contact The Pendas Law Firm to schedule a consultation. Our attorneys can review your situation and tell you more about potential legal remedies.