Sarasota Wage and Hour Attorneys
Our Sarasota Wage and Hour Lawyer Can Help with Your Claims
As an employee, you should be paid for the hours you work, but some workers don’t get what they’re owed or are asked to work overtime without extra pay. If this has happened to you, you may be afraid to speak up, but you deserve to get paid what you’re owed. That’s where our legal team can help you.
Get What They Are Owed Independent Contractor or Employee?
There are cases in which an employer classifies a worker as an independent contractor to avoid paying overtime, when in fact the person is a bona fide employee and should be eligible to receive overtime wages. In other cases, an employer may ask employees to work off the clock or not record all of their hours. In many of these situations, the employer is violating the Fair Labor Standards Act (FLSA).
Paying Minimum Wage
Effective January 1, 2015, the minimum wage in Florida is $8.05 an hour and $5.03 an hour for tipped employees. Tips should at least bring you up to the minimum wage, if not, your employer must pay you the difference.
By law, employers may not retaliate against employees for exercising their rights to receive the minimum wage. If you’ve told your employer that you’re not receiving the minimum wage and they have not resolved the issue in 15 days, you can bring civil action in court to recover back wages, damages and attorney’s fees.
Exempt vs. Non-exempt Employees
Based on your salary and the type of work you do, you will be classified as an exempt or non-exempt employee. Non-exempt employees are entitled to overtime pay, exempt employees are not. There are exceptions, but in most cases, you will be considered exempt if you make at least $23,600 a year; are paid on a salary basis; and perform executive, professional, or administrative job duties as outlined by the FLSA.
The guidelines for classifying employees as exempt or non-exempt are lengthy, so intentionally or not, your employer may misclassify you as exempt. In some cases, this is done on purpose to avoid paying you overtime. If you are a non-exempt employee, you should be paid time and a half for any hours you work over 40 hours a week. Also, you should not be required to work on your lunch break or have a break automatically deducted from your workday when you never took one. If you think you may be facing these issues, we can help you collect the money you are owed.
Employer Violation and Wrongful Termination
Florida is a right to work state, so you will only have the right to sue if you were fired for a discriminatory reason. You may have a case if you were terminated because you were discriminated against based on sex, race, ethnicity, national origin, or religion.
We can also help you with employment issues involving:
- Severance packages
- Employment contracts
- Non-compete agreements
- Discrimination and/or harassment
- Whistleblower retaliation