Wage and Overtime Attorneys
Pinellas County, St. Petersburg and Clearwater
Handling Florida Employment Legal Matters Statewide
Call Today for a free case evaluation 813-221-3200
The Fair Labor Standards Act (FLSA) regulates how certain employers pay their employees. Generally, the FLSA requires employers to pay the employee premium pay for work in excess of 40 hours in one week.
FLSA violations can be pursued through a civil action in Florida State or Federal Court and these employees may be entitled to the back wages not paid by the employer as well as liquidated damages in an amount equal to the unpaid back wages.Examples of Wage and Overtime Violations Under the FLSA
- Salary for Workweek Exceeding 40 Hours: Employee Smith is hired to work 50 hours a week at $450 a week. A Pinellas County Employer never pays Smith any overtime. In this case, the FLSA requires the Pinellas County Company to pay Smith 10 hours of overtime each week, calculating the hourly rate by dividing $450 by 50 hours ($9.00/hour). Time and a half would amount to $13.50/hour. Thus, the Pinellas County Employer is violating the FLSA by withholding $135 of overtime each week from Smith (overtime rate of $13.50/hour x 10 hours).
- Overtime Pay May Not Be Waived: A Clearwater Employer announces that no overtime work will be approved for employees. Yet, Employee Jones is required to answer emails and text messages from his Employer after-hours and on weekends in addition to working a 40-hour workweek. This announcement by the Clearwater, FL Employer does not exempt the Employer under the FLSA for paying compensable overtime hours that are actually worked and Employee Jones is entitled to an overtime premium.
- Fixed Sum for Varying Amounts of Overtime: Saint Petersburg Employer pays Employee Adams a lump sum of $180/week for overtime work, regardless of the amount of overtime actually worked. The $180/week does not qualify as overtime pay as established by the FLSA and the St. Petersburg corporation is would be required to pay an overtime premium as determined by Employee Adams' hourly rate in addition to the $180/week already paid to Employee.
- Averaging hours over two or more weeks: Employee Price works for Largo Corporation. She gets paid every two weeks. During in a two-week pay period, she may work 50 hours the first week and 30 hours the following. The Largo Employer does not pay her overtime because the total hours worked for two weeks is 80. This is a violation of FLSA. Employee Price is entitled to ten (10) hours of overtime premium for the first week worked.
These are only a few of the scenarios that would allow a Pinellas County employee may recover their lost wages under the FLSA.
Pursuing an earned overtime claim DOES NOT require any upfront legal costs as the FLSA requires Employers to pay the legal fees for a successful Employee claim.Call a Board Certified Labor and Employment Attorney at Whittel & Melton TODAY to Assist You: 813-221-3200
Whittel & Melton's FLSA legal team provides aggressive, high quality, individualized representation for clients who want to be fairly compensated for time they have worked.
Contact a Florida FLSA Lawyer at Whittel & Melton online now for a free consultation, or call 866-608-5529 to obtain more information about how we can assist you with your Wage or Overtime claim.
We proudly serve all of Florida, including St. Petersburg, Clearwater, Pinellas County, Pasco County, Date City, New Port Richey, Sarasota and Manatee County, Tampa/Hillsborough County, Polk County, Orlando, Boca Raton, Miami, Fort Lauderdale, West Palm Beach, Naples, Spring Hill, Brooksville, Inverness, Ocala, Gainesville, Jacksonville, Tallahassee, The Villages and various other Florida communities.