Do you think you are due unpaid overtime? Are you confused about FLSA overtime law? It is not uncommon for employers to say and do things to keep you from getting the fair wages that you’re due under the law. But employee rights can be pretty complicated. Wenzel Fenton Cabassa, P.A., is here to help you understand when you may have been denied legally-owed wages— and what to do about it.
Here are 7 top questions about unpaid overtime in Florida:
1. How Do You Calculate Unpaid Overtime in Florida?
Unpaid wages can add up quickly — amounting to a substantial amount of money for an employee. To determine how much you are owed, take your regular pay rate and multiply it by 1.5. Once you have that number, multiply it by the number of hours you worked above 40 per week.
Check out our overtime payment calculator for more information. Please note there are several alternative ways to compute the overtime premium due to you if you are not paid by the hour, for example, but by the piece or the job, and other nuances which experienced counsel will review with you if you do not fit into the typical hourly-paid payroll structure.
2. Are Salaried Employees Eligible for Overtime?
It is pretty common to think that if you are paid a salary instead of by the hour that you are not eligible for overtime. However, that is not necessarily true — it depends on the type of job that you have. With FLSA overtime law, anyone who is eligible for overtime and works over forty hours within a workweek must receive time and a half pay for those extra hours worked.
Typically, it is “white-collar” workers that would be exempt from receiving overtime. Exempt workers include:
A salary of not less than $455 per week, AND
Primary job responsibilities are professional, administrative, or executive — where each of these categories of workers must perform specific duties — like supervising employees (at least 2 full-time or the equivalent) and have the power to recommend hiring or firing, or do the hiring or firing themselves
If this does not describe your position and responsibilities then you may very well be eligible for overtime pay.
4. Is There a Statute of Limitations on Filing for Unpaid Overtime?
Like many other types of legal matters, there are statutes of limitations on filing a case against your employer for unpaid overtime. The FLSA, in general, has a statute of limitation of two years to recover unpaid wages. But — if you can prove that the employer’s violations of the FLSA were “willful”, then the court has the ability to extend the time out to three years. An experienced employee rights attorney can help you to get the best outcome possible.
5. How Do I Know if My Employer Broke the Law?
Some employers will try many different techniques to avoid paying their employees their rightful wages. Here are several illegal actions that can occur across industries which can lead to unpaid overtime:
Make employees work “off the clock” after they have reached the 40-hour threshold for the week
Fail to keep accurate time records or dock hours from a paycheck
Classify a worker as exempt when they shouldn’t
Classify a worker as a contractor when they shouldn’t
Did you know that domestic workers are also usually covered by FLSA overtime law too? This includes cooks, housekeepers, and full-time babysitters.
6. What Kind of Outcome Can I Expect if I File a Case for Unpaid Overtime?
Your chances are much greater to receive what is legally owed to you with an experienced attorney in employment law. They can help you make the best choices along the way and know what to file — and when. Often, unpaid overtime cases will be part of a class action suit with other employees. This can also change the outcome.
You may be entitled to:
Compensation for unpaid overtime
Liquidated damages — funds that compensate you for the delay in receiving wages from your employer
The liquidated damages that an employee may receive are typically equal to the amount of money you are owed by your employer for the unpaid wages.
7. Should I Hire an Attorney to File a Case for Unpaid Overtime?