The Fair Labor Standards Act does not require an employer to pay an employee “double time” or “time and a half” for working on holidays. Additionally, an employee is not entitled to additional pay under the FLSA for weekend or night work. However, an employer can separately contract with their employees to offer this additional pay.
Whether you are going through a divorce, engaged in a child custody or child support dispute, or need help with a post-decree modification, navigating the family law system can be incredibly difficult. These are highly complex and sensitive matters, and you may find yourself facing considerable challenges as you attempt to reach a resolution.
If you need help with any legal family issue, turn to the compassionate and experienced team at the Law Office of J.J. Talbott. We represent clients in Pensacola and across the Florida Panhandle and southern Alabama in all types of family law cases. Our attorneys recognize that every situation is different, which is why they do not follow a cookie-cutter approach; instead, we will take the time to get to know you, learn about your family, and develop a legal plan that makes sense for your life.
Continue reading to learn more about our family law practice, or contact us directly at (850) 695-8331 to request an initial consultation with a member of our team.
Am I entitled to “double time” or “time and a half” for working on holidays?
Am I entitled to mileage for driving back and forth to the doctor?
If an employee has a valid workers’ compensation claim, they are entitled to be paid mileage to and from all medical appointments. However, the employee must keep a list of the dates that they went to the doctor and the number of miles which they traveled.
This information should be submitted to the insurance carrier or your attorney who will submit it to the carrier on a regular basis. While medical mileage may not add up to a lot of money, it does help compensate the employee for having to drive to the doctor. Additionally, it keeps your workers’ compensation claim open. Please note that if you do not have a vehicle or you’re not able to drive, then the insurance company is required to provide you transportation, you just have to request it.
Am I exempt from the overtime requirements if I’m paid a salary instead of hourly?
Not necessarily. This is a common misconception held by employees and their employers. It is true that in order to fall under one of the white-collar exemptions as an executive, administrative or professional employee, you must be paid on a salary basis of at least $455 per week. However, there are other requirements in addition to the salary basis test. For each category of exemption, the employee must meet certain criteria to be exempt. See our page on Overtime Exemptions for more information.
If you are planning on getting divorced, you may be feeling overwhelmed and unsure of how to begin. However, while the legal process does involve several steps, it does not have to be excessively confusing or stressful. One of the best things you can do for yourself and your future is to work with a divorce attorney from the beginning. An attorney will be able to advise you throughout the process and develop a plan to protect your rights as you navigate the process of separating your assets and your life from your spouse.
Our Pensacola family lawyers help clients throughout the area with all types of cases, including but not limited to those involving:
- Simple divorces
- Contested and uncontested divorces
- Child custody
- Child support
- Asset/property division
- Spousal support/alimony
- Grandparents’ rights
- Prenuptial and postnuptial agreements
No matter how complex or contentious your situation may be, the Law Office of J.J. Talbott is prepared to help you understand your rights and legal options. We are committed to protecting you and your best interests as you prepare for the next stage of your life.
Child Custody & Support Laws
For parents who are separating, there is nothing more important than the wellbeing of their children. Under Florida’s child custody and support laws, both parents are generally granted “child sharing” rights and permitted relatively equal time with their children. The court does not give preference to mothers or fathers in matters of child custody but, instead, rules in favor of the child’s “best interests.” How this is awarded depends greatly on the specific facts and details of each individual case.
The state views child support as an obligation on both parents to provide for their children’s care, maintenance, education, health, and wellbeing. Child support is awarded based on Florida’s “Child Support Guidelines.” The actual amount each parent must pay depends on a variety of factors, such as each parent’s individual income, the custody/parenting time arrangement in place, and the number of children the two parents share. Note that the court has the right to deviate from the Child Support Guidelines, but it rarely does.
If you are divorcing or separating from the other parent of your child, it is important that you contact an experienced child custody and support attorney, like those at the Law Office of J.J. Talbott, who can help protect you and your child. Our team is here to help you find an optimal solution for your family and your unique circumstances.
Prenuptial & Postnuptial Agreements
Prenuptial agreements (or “prenups”) are contracts signed by two parties before they marry. The purpose of a prenup is to determine how the couple’s various assets, properties, and liabilities will be divided in the event that they divorce.
In addition to prenups, couples can sign postnuptial agreements in Florida. This is essentially a prenup that is entered into after the marriage has taken place. Like prenups, postnuptial agreements determine the division of assets and debts upon divorce.
There are many reasons to consider signing a prenuptial or postnuptial agreement. While these documents have earned a dubious reputation in the past, the fact is that they are one of the best ways to protect yourself and your future. No one wants to enter a marriage thinking about divorce, but having an ironclad plan in place can provide a sense of security to both partners.
Get in touch with us today to schedule a confidential consultation with our Pensacola family law attorneys. Call (850) 695-8331 or contact us online to get started.
Why Choose the Family Law Attorneys at the Law Office of J.J. Talbott?
When you are navigating a divorce, child custody agreement, or any other family law matter, you need someone by your side who you can trust. When you turn to the Law Office of J.J. Talbott, you get a team of dedicated legal professionals who genuinely care about you and your family.
Our clients are our top priority. We treat everyone like a member of our own family and every case as though it is our only one. You can expect to receive a high level of personal attention, support, and guidance throughout the legal process, along with reliable attorney accessibility and consistent communication. We will always be honest with you and will provide our professional recommendations based on the unique circumstances of your situation.
We are compassionate with our clients and aggressive when it comes to protecting their rights. We are not afraid to fight for your rights, even if that means going to court.
A Lawyer Who Cares
Whether you’re one of the 250,000+ Floridians injured in an auto accident each year, or you’ve suffered an injury at work and your employer’s insurance company is not co-operating, the Law Office of J.J. Talbott can help get you the compensation you deserve. Founder, J.J. Talbott is among the 1% of trial lawyers in the United States who have won multi-million dollar verdicts and settlements.Meet J.J. Talbott
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