Overtime Cases – Unpaid Wages

The non payment of overtime in the State of Florida is more common than one would think. Many business owners will do just about anything to swindle a few dollars from their hard working employees. The Broward overtime compensation attorneys, at the law firm of Alitowski and Moore, have seen everything from the flat out refusal to pay overtime, to the misclassification of a person’s job duties, to the changing of the hours on a time sheet just to keep the employee’s hours at or under 40 hours per week. If an employer has tried it, we have seen it.

Overtime is defined under the Fair Labor Standards Act (FLSA) as requiring an employer to pay at least minimum wage for all hours worked and overtime at one and one-half times an employee’s regular rate of pay for all work in excess of 40 hours per week. So, for example if you make $12/hour and work 50 hours one week, then you are entitled to an additional $18/hour for every hour over 40 hours. Thus you would be entitled to an additional $180 ($18 x 10 hours).

Most people don’t realize but most employees are entitled to overtime. Under the FLSA you are either exempt or non-exempt. That means that if you are entitled to overtime you are non-exempt from FLSA and entitled to overtime. But, what usually happens is that the employer tries to classify his/her employee as exempt and thus not have to pay the overtime. But, this is usually wrong and illegal.

To qualify as exempt an employee generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. But, remember, the “job title” is not what makes you exempt. You can be labeled a “boss” or “manager” or “supervisor”, but, if in reality you do not have the job duties as listed in FLSA, then you may just be entitled to overtime. For example, are you considered an “executive” but you have no authority to hire or fire? This might mean that you are non-exempt and thus entitled to overtime. To see a more detailed explanation of the above, please go to http://www.dol.gov/esa/whd/flsa, which is the U.S. Department of Labor Wage and Hour Division’s website.

So, even if you are paid a salary, you still may be entitled to overtime. The overtime compensation lawyers at the Law Offices of Alitowski and Moore can help you decipher whether you should or should not be receiving overtime wages.

As South Florida Overtime Lawyers, the Law Offices of Alitowski and Moore can help you in any county in the State of Florida. Just call 888-ASK-ANDREW. We are very aware of all the tricks that an employer may use to not pay overtime. We will fight hard to get you your hard earned money.