Fort Lauderdale Wage & Hour Lawyer

Protecting Workers' Rights Nationwide

Unfortunately, employers do not always abide by FLSA regulations. If you believe your wage or hour rights have been violated, you can take legal action to recover lost pay and hold your employer accountable. At USA Employment Lawyers, we can help you navigate the complex legal process of filing a wage claim and evaluate whether bringing a class action lawsuit makes sense for your situation. Our wage & hour law firm can help you understand your rights and will work to protect them.

Florida Wage & Hour Law Explained

Under the Fair Labor Standards Act (FLSA) of 1938, workers in the United States, including those in Florida, have the right to receive a minimum living wage. The act also offers protections to workers in regard to the number of hours worked per day and per week. Additionally, nonexempt employees are entitled to receive overtime pay when they work more than 40 hours in a week.

As an employee in the state of Florida, it is important that you understand your workers' rights. The FLSA grants all employees the right to receive the highest applicable minimum wage, whether that be the standard set forth by the federal government, the state, or local labor laws.

Under Florida wage and hour laws, all workers are entitled to receive the state minimum wage of $12.00 an hour (as of 2023), which is higher than the federal minimum wage of $7.25. This rate is scheduled to increase to $13.00 per hour in September 2024. Nonexempt employees are also entitled to receive one and a half times their regular pay (“time and a half”) when they work more than 40 hours in a week.

Wage and hour laws vary somewhat from state to state; our attorneys can help you understand your rights and whether they have been violated.

When you work in Fort Lauderdale or elsewhere in South Florida, your employer must comply with both federal rules and the Florida Constitution's minimum wage provisions, and violations can be challenged in courts such as the Broward County courthouse. A Fort Lauderdale wage and hour attorney can evaluate how these overlapping laws apply to your job duties, pay structure, and industry so you can make informed choices about whether to pursue a claim and what relief may be available.

Comprehensive Wage & Hour Case Representation

Our firm in Fort Lauderdale handles all types of wage & hour cases, including those involving:

• Independent Contractors
• Overtime Wages
• Tipped Wages
• Minimum Wages

No matter how complex your case may be, we are prepared to help. Our team conducts thorough research and investigation in order to better prepare your wage and hour case for the possibility of going to trial.

Identifying Wage & Hour Violations in Florida

Common types of wage and hour violations in Florida include:

• Failure to pay the state minimum wage required for covered, nonexempt employees
• Improper overtime calculations or denying overtime pay for hours worked over 40 in a workweek
• Not compensating employees for all hours worked, including off-the-clock tasks or required prep work
• Misclassifying workers as exempt employees or independent contractors to avoid paying overtime or minimum wage

Florida has its own minimum wage laws that employers must abide by. As per Florida Statutes, an employer found liable for intentionally violating minimum wage requirements may be subject to double the amount of unpaid wages as a penalty, plus attorney’s fees and costs. Florida’s Minimum Wage Act allows employees to recover the wages owed, and in some cases, damages. The Fair Labor Standards Act (FLSA) also imposes penalties for violations, including overtime violations, which can result in significant fines and the recovery of back wages.

For workers in Fort Lauderdale, these violations can occur in many settings, from restaurants along Las Olas Boulevard to hospitals and offices throughout Broward County, and they often appear as small, repeated underpayments that add up over time. By speaking with a Fort Lauderdale wage and hour lawyer, you can review your pay practices, job classification, and time records to pinpoint specific violations and determine whether individual or group action is the best path forward.

Examples of Labor Law Noncompliance

Common labor law violations in Florida include: 

• Not paying for compensable time
• Not paying promised bonuses or commissions
• Not paying at least minimum wage
• Retaliation against employees for reporting violations

If you believe you've been a victim of wage and hour violations, you can report these violations and potentially recover the wages that you are owed. Under Florida law, you have up to five years to file a lawsuit alleging that your employer failed to pay you the minimum wage, if the violation was not willful. However, if you are filing under the Fair Labor Standards Act (FLSA), the statute of limitations is two years, unless the violation is willful, in which case it extends to three years.

How Do I Determine If My Employer Owes Me Unpaid Overtime Wages?

To determine if your employer owes you unpaid overtime wages, first review your work hours and compare them to the overtime requirements under the Fair Labor Standards Act (FLSA). In general, nonexempt employees are entitled to overtime pay at one and a half times their regular rate for hours worked over 40 in a workweek. Examine your timecards, pay stubs, and any other records of your hours worked. Note any discrepancies between your recorded hours and the hours your employer has documented.

Additionally, check for any instances where you worked off the clock, during breaks, or outside of your scheduled hours. These hours should also be compensated as overtime if they exceed the 40-hour threshold. Speaking with experienced unpaid wages lawyers in Fort Lauderdale at USA Employment Lawyers can provide clarity and help you accurately assess your situation. Get in touch as soon as possible for guidance through the legal process and assistance in recovering any owed overtime wages.

You should also consider whether your job has been correctly classified as exempt or nonexempt under federal and Florida law, because misclassification is a common way employers avoid paying overtime to employees in Fort Lauderdale and surrounding communities. A Fort Lauderdale wage and hour attorney can review your job duties, salary structure, and industry standards to help you understand if you have been improperly denied overtime and what steps you can take next.

What Evidence Do I Need To Prove My Unpaid Wages Claim?

To prove an unpaid wages claim, you’ll need to gather comprehensive evidence that demonstrates your work hours and the wages owed. Essential documents include timecards, work schedules, pay stubs, and any written or electronic communication with your employer regarding your hours or pay. Additionally, keeping a personal log of hours worked, including dates and tasks performed, can be valuable.

Emails, text messages, or any other correspondence with your employer discussing your wages or hours can also support your claim. Witness statements from coworkers who can confirm your work hours may further strengthen your case. Consult a Fort Lauderdale unpaid wages attorney at USA Employment Lawyers to ensure you have all necessary documentation and to guide you through the legal process. Our lawyers can provide advice and representation, increasing your chances of recovering the wages you're rightfully owed.

If your case proceeds in a Fort Lauderdale area court, organized records can make it easier for a judge to see the pattern of underpayment and compare it to what the law requires. A wages attorney Fort Lauderdale employees trust can help you create timelines, damage calculations, and summaries that clearly present how much you should have been paid and how much you actually received.

Are There Specific Laws in Florida Regarding Breaks for Employees?

There are no particular state regulations requiring breaks for employees in the state of Florida. But break periods are governed by federal law under the Fair Labor Standards Act (FLSA), which mandates that brief breaks (usually lasting five to twenty minutes) be compensated for. Seek legal counsel for comprehensive advice.

For employees working long shifts in Fort Lauderdale’s retail, hospitality, or healthcare sectors, questions often arise about whether meal periods must be paid and how automatically deducted breaks affect total hours worked. A wages lawyer Fort Lauderdale workers can turn to will examine your schedule, punch records, and employer policies to determine if unpaid meal or rest periods have been handled correctly or if they have resulted in unpaid minimum wages or overtime.

How a Fort Lauderdale Wage & Hour Lawyer Can Help You

When you first contact our firm, we will typically start with a detailed consultation to learn about your job, how you are paid, and what concerns prompted you to reach out. We may ask you to gather recent pay stubs, schedules, and any company policies you have so we can review them for potential violations under Florida and federal law. By comparing your actual work experience with what the law requires, we can outline possible claims and give you a clearer picture of your options before you decide how to proceed.

If we move forward together, we can communicate with your employer on your behalf, calculate how much in unpaid wages or overtime you may be owed, and prepare any necessary filings in the appropriate Broward County or federal court. A Fort Lauderdale wage and hour lawyer can also advise you on the pros and cons of negotiating an early settlement versus continuing through litigation, so you understand the potential timelines, risks, and benefits at each stage.

Get Help from Our Fort Lauderdale Wage & Hour Attorneys

Our firm works to protect your employee wage and hour rights, regardless of where you are located. If your employer failed to grant you overtime pay or did not pay you the minimum wage, we can help. Our Fort Lauderdale wage & hour lawyers have extensive experience handling these types of cases. We are prepared to aggressively advocate for you and your rights.

Helpful Resources

• U.S. Department of Labor - Wage and Hour Division