Do you need an unpaid wages lawyer? Even though there are state and federal laws that mandate employers to pay all wages that are owed to an employee, it is relatively common for companies to not pay individuals in full. A wage attorney understands the complexities of employment law and can fight for your rights and collect unpaid wages and benefits.
It’s important for you to secure the money that is rightfully yours. Departing employees sometimes deal with delays in final paychecks or severance pay. Salespeople are not compensated based on commission plans or are fired before the commission comes due. We help resolve these issues and other wage and hour disputes.
TAMPA UNPAID WAGES, COMMISSIONS & BONUSES ATTORNEY
Employers who refuse to pay employees what they’re owed should be held accountable for their actions. An unpaid wages lawyer can assist in the recovery of many different scenarios. A claim for unpaid wages may include:
- Legal minimum wage
- Payment for “off-the-clock” work
- Withholding of the final check after you left your job
- Travel time during the time you are required to work (that is related to your job)
- Payment earned for untaken, accrued vacation time
- Overtime pay for hours worked after the maximum full-time (>40 hrs./week by federal law)
- Commissions or bonuses
Whether its wages, commissions, bonuses, or other areas listed above, failing to pay an employee their earnings is illegal. If your employer owes you back pay, you may be able to recover what’s owed. Employers often have large legal teams to represent their interests. You have the right to representation too. Without experienced legal assistance, it can be challenging to maneuver the legal system and receive what you have rightfully earned.
Equal pay & the right to fair compensation
Equal pay for equal work is not only morally right, it’s federal law. Enforced by the U.S. Equal Employment Opportunity Commission (EEOC), the Equal Pay Act of 1963 was signed into law by President John F. Kennedy and was created to modify the Fair Labor Standards Act to prohibit wage disparity due to sex.
Florida & FLSA Minimum Wage
As of January 2018, Florida’s minimum wage is $8.25 per hour, and the FLSA minimum wage is set at $7.25 per hour. Are you earning less than this? In some industries, this may be acceptable; otherwise, your employer may be breaking the law.
The Recovery of unpaid wages and benefits
The FLSA offers employees and former employees several options to recover unpaid wages. These can include the following:
- You may file a private lawsuit against an employer for back pay, as well as an equal monetary amount as liquidated damages
- The Wage and Hour Division may supervise the payment of any or all back wages owed to you
- The Secretary of Labor may bring a federal suit against the employer for back wages, as well as an equal monetary amount as liquidated damages
- The Secretary of Labor may get an injunction against the employer to restrain them or a representative of the company from violating the FLSA, including the withholding of overtime pay and proper minimum wage
There are some restrictions around these provisions, so it’s highly recommended to consult an unpaid wages lawyer to determine your best legal options. It is important to take action as soon as possible because there is a statute of limitations under the FLSA — 2 years for the recovery of back pay; 3 years in the event of a willful violation of the law by your employer.
Wage & Hour Disputes Attorney
Has your employer violated the FLSA and not paid you minimum wage, back pay, commissions, or other unpaid wages? Did you not receive your final check or overtime pay? Sometimes employers will even wrongly classify you so they’re not obligated to pay you overtime. Doing so is not only wrong, it is illegal. It also can add up to a significant amount of money if has been happening for a while. You should be able to receive what you have rightfully earned.
You need a wage and hour attorney to resolve employment disputes and collect unpaid wages. We can help simplify the complex nature of wage disputes and get you the money you deserve. If your employer has not given you a fair wage or not paid you for all the time you have worked, including legally-required overtime, they should be held accountable for their unlawful actions.
At Wenzel Fenton Cabassa, P.A., we know you work hard for the money you’ve earned. If you haven’t received the wages, overtime pay, bonuses, or commissions you’re legally owed, one of our experienced wage law attorneys can help. You should have a lawyer on your side. We help employees who have been wronged by employers make great decisions about their legal issues.