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) allows employees to recover unpaid wages, liquidated damages, and attorney’s fees when employees successfully prevail upon their claims for unpaid wages.  This includes claims for minimum wages and overtime pay.  These laws were designed to “level the playing field” so that employees 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 Pensacola overtime attorney at the Law Office of J.J. Talbott P.A. can help!  

Fair Labor Standards Act (FLSA)

The federal Fair Labor Standards Act (FLSA)  requires that your employer pay you at least the minimum wage for each hour that you work and also pay you overtime pay for all hours that you work over forty (40) in a workweek.  Unless you are exempt under the statute, employees are entitled to 1.5 times their average hourly rate for all overtime hours.  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. You may still be entitled to overtime even if you agreed to be paid on a salary basis.  Instead, to be exempt from overtime, you must meet one of the specific exemptions under the FLSA.  It is not easy to meet an exemption, so it helps to have an experienced overtime attorney evaluate your case.  If you have been misclassified as exempt, you may be 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 estimate your hours 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 $684 per week in wages

Unpaid Wages & Overtime Lawyers in Florida or Alabama

The unpaid wages and overtime attorneys at the Law Office of J.J. Talbott P.A. have the experience and knowledge to advise, counsel, and represent employees in their claims for overtime and unpaid wages. In fact, we have collected over 28 million dollars in unpaid wages for employees. Employees who believe that they have been denied wages need to act promptly and not delay as deadlines apply that may prevent their claims.   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 P.A. today for your free consultations with an experienced overtime lawyer in Pensacola, FL.  You can also review some answers to frequently asked Unpaid Wage and Overtime questions by clicking here.

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