Fort Lauderdale Wage & Hour Lawyer

Protecting Workers' Rights Nationwide

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 regards 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.

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

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.

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 teamconducts 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

Wage and hour violations in Florida encompass a range of issues, including not paying the state minimum wage, overtime violations, failing to compensate for all hours worked, and more.

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.

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, non-exempt 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.

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 expert advice and representation, increasing your chances of recovering the wages you're rightfully owed.

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.

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