Sarasota Wage and Hour Attorneys: Protecting Your Rights to Fair Pay

As an employee, you work hard and deserve to be fairly compensated for your time and effort. Unfortunately, not all workers receive the wages they are entitled to, or they are asked to work overtime without proper pay. If this has happened to you, it’s important to know that you have legal rights. At Buckman & Buckman, P.A., our Sarasota wage and hour attorneys are here to help you claim what you’re owed. This guide will walk you through the basics of wage and hour laws and how we can assist you in getting the compensation you deserve.

Key Takeaways:

• Your Right to Fair Pay: Under Florida and federal law, you are entitled to be paid for all the hours you work, including overtime if you are eligible.
• Misclassification Issues: Employers sometimes misclassify workers as independent contractors to avoid paying overtime, but if you’re doing the work of an employee, you should receive the corresponding benefits, including overtime pay.
• Minimum Wage Protection: Florida law ensures you must be paid at least the minimum wage, and if you’re a tipped employee, your tips should bring you up to that minimum. If not, your employer must make up the difference.

Understanding Your Rights as an Employee

Before taking any action, it’s crucial to understand your rights under Florida and federal law. These laws are in place to protect workers like you from being underpaid or overworked without proper compensation.

Right to Fair Pay for Hours Worked

The Fair Labor Standards Act (FLSA) guarantees that you must be paid for all the hours you work, including regular hours and, in many cases, overtime. As a non-exempt employee, your employer is required to pay you at least the minimum wage for all hours worked and time-and-a-half for any overtime hours.

Misclassification of Workers

One common issue workers face is being misclassified as independent contractors when they are actually employees. Employers often do this to avoid paying overtime and providing other benefits. However, if you are performing the duties of an employee, you should be classified as one and receive the corresponding benefits, including overtime pay.

Tip: Review your job classification. If you’re unsure whether you’re classified correctly, a legal consultation can help clarify your status and what you’re entitled to.

Are You Being Paid Fairly?

Knowing whether your employer is paying you according to the law is essential. This includes receiving at least the minimum wage and overtime pay if you’re eligible. Let’s break down the different scenarios:

Minimum Wage Requirements

As of September 30, 2023, the minimum wage in Florida is $12.00 per hour and $8.98 per hour for tipped employees. Your tips should bring your total earnings up to at least the minimum wage. If not, your employer is required by law to pay the difference .

Exempt vs. Non-Exempt Employees

Employees are classified as either exempt or non-exempt based on their job duties and salary. Non-exempt employees are entitled to overtime pay, while exempt employees are not. Generally, if you earn less than $23,600 per year, are paid on a salary basis, and perform executive, professional, or administrative duties, you may be classified as exempt. However, misclassification can occur, sometimes intentionally, to avoid paying overtime.

Tip: Check your pay stubs regularly. Make sure your employer is paying you the correct wage, including overtime if you’re eligible. If something seems off, you might need to take action.

Addressing Employer Violations

If you believe your employer is violating wage and hour laws, such as not paying you properly or misclassifying your employment status, it’s important to take action. Knowing what steps to take can help you recover the wages you’re owed.

Unpaid Overtime and Wages

If you’re a non-exempt employee, you should be paid time-and-a-half for any hours worked over 40 in a week. Additionally, you shouldn’t be forced to work off the clock during your lunch break or have breaks automatically deducted from your workday if you didn’t take them.

Minimum Wage Violations

If you’ve informed your employer that you’re not receiving the minimum wage and they haven’t resolved the issue within 15 days, you have the right to bring a civil action to recover back wages, damages, and attorney’s fees.

Tip: Document everything. Keep detailed records of your hours worked, pay received, and any communications with your employer regarding pay issues. This information will be crucial if you need to take legal action.

Understanding Wrongful Termination and Retaliation

Florida is a right-to-work state, which means your employer can terminate you at any time for almost any reason. However, there are exceptions, particularly if you believe you were fired for an unlawful reason, such as discrimination or retaliation.

Discrimination and Retaliation Claims

You may have a case for wrongful termination if you were fired because of your race, sex, ethnicity, national origin, or religion, or if you were retaliated against for exercising your rights (e.g., reporting wage violations). It’s illegal for employers to retaliate against employees who assert their legal rights, including the right to be paid fairly.

Tip: Consult a lawyer if you’ve been fired after a wage dispute. If you’ve been terminated shortly after complaining about your wages or working conditions, you may have a claim for retaliation or wrongful termination.

Legal Help for Employment Issues Beyond Wages

Wage and hour issues are just one aspect of employment law. If you’re dealing with other employment-related challenges, such as layoffs, severance packages, employment contracts, non-compete agreements, or workplace discrimination, our legal team can help you navigate these issues as well.

Employment Contracts and Non-Compete Agreements

Understanding the terms of your employment contract is crucial. Non-compete agreements, for example, can have significant impacts on your career if not carefully reviewed and negotiated. Our attorneys can help you understand your rights and obligations under these contracts.

Tip: Never sign a contract without fully understanding it. If you’re presented with an employment contract or non-compete agreement, have it reviewed by a lawyer to ensure it’s fair and doesn’t unnecessarily limit your future opportunities.

Conclusion

As an employee, you have the right to be paid fairly for the work you do. Whether you’re dealing with wage disputes, misclassification, or wrongful termination, it’s important to know that you have legal options. At Buckman & Buckman, P.A., our Sarasota wage and hour attorneys are here to help you navigate these challenges and ensure that you receive the compensation you deserve.

Contact us today for a free consultation to discuss your case. We serve clients in Sarasota and the surrounding areas, and we work on a contingency fee basis, meaning you pay nothing unless we win compensation for you. Don’t let wage violations or wrongful termination go unchallenged—let us help you get the justice you deserve.