Unpaid Overtime

Overtime Pay, Minimum Wages – Wage & Hour Law

Florida workers are protected against wage theft in the form of unpaid overtime and minimum wage laws. The Fair Labor Standards Act (FLSA) is a federal overtime payment law that requires certain employees to be paid time and one-half their regular hourly rate for hours worked over forty (40) in each workweek. Even employees who are paid a salary, instead of an hourly rate, may be entitled to overtime pay if their job duties are not the type that make them exempt from overtime, or if their employers make improper deductions from their salary based on the number of hours worked. Some employees are not paid any wages for overtime, and some employers illegally pay their employees in cash “under-the-table” at the regular hourly rate for overtime hours worked. Currently, there is no Florida overtime law, so Florida workers must look only to the federal FLSA if they receive no overtime pay.

The federal FLSA requires employers to pay not only overtime pay to employees, but also a minimum wage. In addition to the FLSA’s minimum wage law, Florida has its own law requiring employers to pay their employees at least the Florida minimum wage. Currently, Florida’s minimum wage law offers more protections to employees than the federal FLSA. Under the Florida minimum wage law, employees may be able to collect for up to five (5) years of unpaid minimum wages, whereas under the FLSA employees can collect for only up to three (3) years of unpaid minimum wages. In addition, the Florida minimum wage is currently higher than the federal minimum wage. Many employers violate the minimum wage laws by having tipped employees work only for tips, by operating illegal tip pools, or by making improper wage deductions for employer expenses or overhead.

If your employer is not paying you your minimum wages or overtime, contact Bober & Bober, P.A.’s overtime attorneys to receive a free consultation. For more information about wage and hour law and lawsuits, see a list of frequently asked wage and hour questions.