Overtime and Unpaid Wages

Too often, employees are either intentionally or unintentionally denied pay for which they are legally entitled. Florida law and federal law (FLSA) allow employees to recover “double damages” and attorney’s fees when employees successfully prevail upon their claims for minimum wages, overtime pay, and unpaid wages. These laws were designed to “level the playing field” so that employees who were due wages would be able to hire an overtime lawyer to represent them, regardless of the amount of wages due. If you are owed overtime pay or unpaid wages, then an experienced overtime attorney at the Law Offices of J.J. Talbott can help!

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) requires that your employer pay you at least (1) the minimum wage for each hour that you work and also (2) requires your employer pay you an overtime premium (typically 1.5 times their average hourly rate for the workweek) for each hour over 40 hours worked in a workweek, unless you are exempt from the Act. It is important to note that you are NOT exempt from overtime pay simply because your employer says that you are exempt, pays you a salary, or because your employer gives you an executive sounding title. Instead, in order to be exempt from overtime, you must be exempt as set forth in the FLSA, which requires a complex and fact-intensive evaluation from an overtime attorney. Often, employers misclassify employees, causing non-payment of overtime pay to those who are actually entitled to overtime. Some employers misclassify or underpay employees intentionally, while others do it unintentionally. Nonetheless, non-exempt employees covered by the FLSA are entitled to overtime pay.

The FLSA also requires your employer to keep accurate records of all the time you actually work each week. The time you are “scheduled” to work or an estimate based on completing certain tasks may not be an accurate indication of the actual time you spent working. If your employer violates the FLSA by failing to keep accurate records or by failing to properly pay you overtime pay for all overtime hours, you are eligible to receive damages including unpaid overtime and double (or “liquidated”) damages plus attorney’s fees and costs. There are also anti-retaliation statutes that protect employees who complain of FLSA violations to the employer.

Some common examples where employers violate the FLSA are:

  • Failing to keep accurate time records
  • Requiring employees to work “Off the clock”
  • Misclassifying employees as salaried employees when they should be paid hourly wages based on their specific job duties
  • Misclassifying employees as independent contractors instead of as employees
  • Failing to pay salaried employees at least $455 per week in wages

Unpaid Wages & Overtime Lawyers in Florida or Alabama

An overtime attorney at the Law Office of J.J. Talbott has the experience and knowledge to advise, counsel and represent employees in their claims for overtime and unpaid wages. In fact, in the last 5 years, J.J. Talbott has collected over 25 million dollars in unpaid overtime for employees. Employees who believe that they have been denied wages need to act promptly and not delay as important statutes of limitations apply that may bar these claims if a claim is not filed within the applicable deadlines. We can help guide you through the complaint process and fight for the wages that you are owed. Call the Law Office of J.J. Talbott today for your free consultations with an experienced overtime lawyer in Pensacola, FL for cases originating in Florida or Alabama.

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