Employees across Florida and the U.S. work hard for their paychecks. Often more than 40 hours per week. Are you getting the proper overtime pay? If not, you should consult an unpaid wages attorney. Do you know if you qualify for overtime pay? If you did not before, you might very well qualify for it beginning in January 2020 now that the U.S. Department of Labor has enacted a new overtime pay rule.

Knowing your employee rights is crucial because it is not uncommon for employers to try to save money by not paying employees who qualify for overtime money they are rightfully owed. Wage and hour violations should never be tolerated.

At Wenzel Fenton Cabassa, P.A., we have dedicated employment law attorneys that fight for the rights of employees across Florida get the compensation they deserve. We also place a priority in giving you the information that you need to make the best legal decisions for you and your family.

Here is what you need to know about overtime pay and the new overtime pay rule:

The U.S. Department of Labor and Overtime Pay

The United States Department of Labor (DOL) is the federal agency that administers many of the rules and regulations which make up the Federal employment laws. Within the DOL is the Wage and Hour Division (WHD). The WHD’s mission is to “promote and achieve compliance with labor standards to protect and enhance the welfare of the Nation’s workforce,” including:

• enforcement of Federal minimum wage,
• overtime pay,
• unpaid wages and commissions, and more

The law that the WHD enforces in regards to overtime pay is called the Fair Labor Standards Act (FLSA).

Changes to the Fair Labor Standards Act and Overtime Pay

The FLSA sets certain federal guidelines for who qualifies for overtime pay. Currently, the law in effect states that most workers earning $23,660 or less are entitled to receive overtime pay (time and a half) for time worked over 40 hours within that particular workweek.

But that will be changing beginning January 1, 2020. The Department of Labor has recently announced a final overtime pay rule that will make approximately 1.3 million more workers across the country eligible for overtime pay. Taking effect next year, employees who earn $35,568 per year or less will be entitled to overtime pay. The new rule raises the salary test and therefore covers many employees who were previously disqualified from overtime premium pay because they made more than $23,600 and met a duty test.

This is a significant change to help employees who put in more than 40 hours per week who are currently not getting paid time and a half for those extra hours. The new rule is the first of its kind to pass in 15 years. Workers across a wide variety of industries will benefit from this new overtime pay rule as long as their employers are following the new standards under the Fair Labor Standards Act. This could include employees and managers working in retail or hospitality, healthcare, technology, and many others.

But that does not always happen. This is when workers should contact an employment law attorney.

Wenzel Fenton Cabassa, P.A. Fight for Overtime Pay

When employers commit wage and hour violations, an employment law attorney leads as an advocate for your rights to fair compensation. Are you currently making $23,660 and being denied overtime pay for extra hours you work over 40 during a workweek? If this is the case, contact Wenzel Fenton Cabassa, P.A., to set up a free, confidential consultation to discuss how we can help.

Also, if you qualify for the new overtime rule at the beginning of the year in 2020, it is important to keep an eye on your paycheck to make sure that your employer is following the law and you are getting paid appropriately for any overtime you work.

Wenzel Fenton Cabassa, P.A. are employment law attorneys that fight for overtime pay to hold employers accountable for wage and hour violations. We also work with many other areas of employment law including workplace retaliation, whistleblower retaliation, and wrongful termination.

Locations available in Tampa, St. Petersburg, Sarasota, Orlando, Jacksonville, West Palm Beach, and Miami.

Wenzel Fenton Cabassa, P.A. has been named in U.S. News & World Report “Best Law Firms” (2019) and “Top Lawyers” in Tampa Magazine (2019).

Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.