What You Should Do When Your Boss Won't Pay You Overtime

If you work long hours during the week at your job in Sarasota or elsewhere in Florida, then your company should pay you at the right rate. Typically, that rate is “time and a half.” If an employer does otherwise, it’s bad business. Cheating employees out of overtime pay is against the law.

Here, we describe key aspects of Florida overtime law and how it works in our state. To discuss the specific facts of your own overtime case, please feel free to contact Buckman & Buckman. You can speak directly with an experienced wage and hour lawyer on our family-run legal team.

Federal Law Applies to Overtime Pay in Florida

Florida law covers certain minimum pay standards under the Florida Minimum Wage Act. However, the law does not address overtime pay. Federal law fills the gap. If you have an overtime pay dispute with your employer in Florida, the Fair Labor Standards Act (FLSA) controls your case.

The FLSA requires employers to pay overtime rates to non-exempt employees who work more than 40 hours in a work week. The proper rate is 1.5 times the employee’s regularly hourly wage. Employees are entitled to this overtime pay for every hour they work over 40 hours.

So, under this law, employers cannot force hourly wage employees to work “off the clock.” Still, many bosses try to get away with it. When they do, they violate the law. If you are a worker who faces this situation, you have rights under the FLSA.

Filing an Overtime Pay Complaint or Lawsuit in Florida

However, before you exercise your FLSA-protected right to overtime pay, you have to find out if the law actually applies to you. It will not cover you if you are an “exempt” employee. You may be exempt if you are an executive or supervisor, or if you earn a high salary. The FLSA also does not cover truck drivers, outside sales people and railroad workers.

Many employers try get out of paying overtime by claiming that a worker is an “exempt” employee or is not an employee at all but, instead, an “independent contractor.” If your employer tries this tactic with you, make sure to discuss your case with a wage and hour attorney as soon as possible. Your employer may have intentionally or unintentionally misclassified you.

If you are an employee who is eligible to receive overtime pay under the FLSA, and your employer fails to pay you the proper amount, then you typically have two options available to you:

• File a complaint – You can submit a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD). The WHD will investigate your case and determine whether you have a claim. If so, the Secretary of Labor may file an action against your employer.
• File a civil lawsuit – You can sue your employer and seek a recovery of back pay, liquidated damages (equal to the amount of back pay), attorney fees, court costs and other remedies. For instance, you can ask the court to let you get your job back if your employer fired you for filing a lawsuit.

Whether you file a complaint or a lawsuit or otherwise participate in one – for instance, you give a witness statement – your employer cannot retaliate against you. If your employer fires, demotes or takes any other adverse action against you because you have exercised your right to overtime pay under the FLSA, the employer could face serious civil and maybe even criminal consequences.

Get Help from a Sarasota Wage and Hour Attorney

If you face an overtime pay dispute with your employer, you should have an experienced legal advocate on your side. When you work with our family-run legal team at Buckman & Buckman, we will take the time to review your case and explain your rights. We can pursue all legal options available to you for recovering the back pay that your employer owes you and other relief that you deserve. For a free consultation, contact our Sarasota office today. We also accept referrals from other attorneys.