Florida Employment Lawyer

Unfortunately, overtime violations are common in workplaces across the United States. Both Florida and federal laws require that employers pay hourly employees overtime if they work more than 40 hours in a week. Additionally, overtime for salaried employees may apply under certain conditions, depending on how their positions are classified and their specific duties. Employers sometimes avoid paying overtime by classifying roles incorrectly or by asking employees to work off the clock, both of which violate overtime laws.

If you believe your employer may be unlawfully withholding overtime pay, the Law Offices of Whittel & Melton are here to assist. We have experience helping employees understand their rights and pursue unpaid overtime claims.

To find out if you may have an unpaid overtime case, review the FAQs below or contact us toll-free at 866-608-5529. Our legal team is ready to support you and help secure the compensation you deserve.

What are Florida’s Overtime Laws?

Under the Fair Labor Standards Act (FLSA), employers must pay most employees at least the minimum wage for their regular work hours and provide overtime pay when employees work more than 40 hours in a week. Florida follows the overtime rules of the FLSA, time and one half regular pay rate for all hours worked in excess of 40 in a regular work week. To calculate overtime, multiply your regular pay rate by 1.5.

If I Am on Salary, Does that Mean I’m Exempt From Overtime?

It is a common myth of overtime law that employees on salary cannot earn overtime pay. In fact, the payment structure—whether an employee is paid hourly or salaried—should not affect overtime pay. A salaried position means that an employee receives the same amount each pay period. Your eligibility for overtime depends on your employment type, specifically whether your classification is exempt or non-exempt.

What Qualifies an Employee for Overtime Exemption?

In Florida, some employers do not provide overtime pay to “white-collar” employees. To be classified as exempt from overtime, an employee must satisfy a specific three-tiered criterion. Here’s what that entails:

1. Compensation Structure: The company must pay the employee a salary instead of an hourly wage. Only salaried workers qualify for overtime exemption.
2. Minimum Salary Requirement: The salary must meet or exceed $455 weekly. This threshold ensures that the employee earns a stable income that aligns with the expectations of exempt status.
3. Nature of Job Duties: The worker’s primary job roles must fall within professional, administrative, or executive categories. These roles typically involve specific responsibilities such as managing other employees (supervising at least two full-time staff members or their equivalent) and having the authority or influence in hiring and firing decisions.

Key Points to Remember

• To qualify for exemption, you must meet both the salary basis and specific duties.
• If an employer pays an employee hourly, the employee is ineligible for exemption, regardless of their job duties.

Meeting all these qualifications is essential for an employee to be exempt from overtime compensation. Missing even one criterion may entitle the employee to claim overtime pay.

If I Earn Most of my Income from Tips, Can I Still Qualify for Overtime Pay?

Bartenders, servers, and delivery drivers who earn tips generally receive overtime pay when they work more than 40 hours in a week.

Can Comp Time be Substituted for Overtime When an Employee Works Over 40 Hours in a Workweek?

Generally, an employer cannot substitute overtime pay for comp time or any other type of payment when an employee works more than 40 hours in a workweek. Only certain types of employees, like government workers, can receive comp time. Private employers who offer comp time instead of overtime could be violating the FLSA.

If I Never Took a Lunch Break or Any Type of Break During a Scheduled Break, Can I be Paid for This Time?

An employer can deduct only the time taken for breaks that last longer than 20 minutes and are actually taken, not just scheduled.

Can Independent Contractors be Compensated for Overtime?

If your boss gives you a 1099 form instead of a W-2 form you could still be entitled to overtime pay. The label of “independent contractor” should not bear any weight on whether you receive overtime or not; however, the relationship you have with your boss and the nature of your duties does matter. A qualified lawyer educated in overtime law can assist you in this type of situation.

Can I get Fired for Filing a Claim Against my Employer for Unpaid Wages or Overtime?

The Fair Labor Standards Act (FLSA) offers strong protections against retaliation for employees who file claims regarding unpaid wages or overtime violations. Employers face severe penalties if they retaliate, such as firing or demoting an employee who asserts their right to fair pay.

What is the Minimum Wage in Florida?

The minimum wage in Florida is $12.00 per hour as of July 1, 2024, per the U.S. Department of Labor. This rate adjusts annually based on a pre-defined formula. The state minimum wage is scheduled to increase by $1.00 every September 30th until it reaches $15.00 on September 30, 2026.

For more information, consult Whittel & Melton to ensure you receive the overtime pay you’re entitled to under Florida wage laws.

What if My Company Does Not Have an Overtime Policy?

If your company does not have a defined overtime policy, it could signal that they may not be adhering to overtime laws, which require fair compensation for extra hours worked. Both federal and state laws mandate that non-exempt employees, including certain salaried employees, receive overtime pay for any hours worked over 40 in a workweek. If there’s no overtime policy in place, it’s possible your employer may either misunderstand or ignore these legal requirements.

When it comes to overtime for salaried employees, some are indeed eligible under specific conditions. If you believe you have not received proper pay for overtime, reach out to Whittel & Melton for a thorough analysis of your hours and compensation. This can help identify any discrepancies and ensure you receive any unpaid wages owed under the law.

How Long Do I Have to File a Claim Against My Workplace?

Under the FLSA employees are allotted as much as 3 years to recover overtime. Florida employment law can sometimes extend claims for unpaid wages beyond the 3 year period.

If you feel you are owed unpaid overtime wages, please contact the Law Office of Whittel & Melton ASAP at 866-608-5529, Toll Free Statewide in Florida for a free consultation regarding your rights.

We proudly serve clients throughout the state of Florida

Hernando County Unpaid Overtime Attorneys – Brooksville, Spring Hill Overtime, Wage & Hour Lawyers 352-666-2121

Marion County Unpaid Overtime Attorneys – Ocala, The Villages Overtime, Wage & Hour Lawyers 352-369-5334

Alachua County Unpaid Overtime Attorneys – Gainesville Overtime, Wage & Hour Lawyers 352-264-7800

Hillsborough County Unpaid Overtime Attorneys – Tampa, Brandon Overtime, Wage & Hour Lawyers 813-221-3200

Pasco County Unpaid Overtime Attorneys – New Port Richey, Dade City Overtime, Wage & Hour Lawyers 727-847-2299

Sumter County Unpaid Overtime Attorneys – Bushnell, The Villages Overtime, Wage & Hour Lawyers 352-793-9330

Citrus County Unpaid Overtime Attorneys – Inverness, Crystal River, Homosassa Overtime, Wage & Hour Lawyers 352-726-0078

Pinellas County Unpaid Overtime Attorneys – St. Petersburg, Clearwater Overtime, Wage & Hour Lawyers 727-847-2299

Levy County Unpaid Overtime Attorneys – Bronson, Cedar Key Overtime, Wage & Hour Lawyers 352-726-0078

Lake County Unpaid Overtime Attorneys – Tavares, Leesburg, Clermont Overtime, Wage & Hour Lawyers 352-793-9330

• Tampa Bay Discrimination Lawyer