When employers force employees like older home health aides and single mothers to work off the clock without pay, they cost the workers valuable time as well as earnings. They also violate the law, which has provisions in place to ensure workers receive their rightful compensation.
Overtime violations are a pressing concern in Florida’s workplaces, robbing many employees of their rightful compensation.
Overtime violations
According to the U.S. Department of Labor, there were almost 6,000 reported incidences of wage theft in the nation in 2022. Overtime violations are a form of wage theft most commonly seen as eligible employees not receiving overtime wages for extra hours worked. Florida law follows the Fair Labor Standards Act when it comes to overtime, which sets overtime pay for non-exempt employees at one and a half times their regular hourly wage for each hour worked over 40 in a work week.
Overtime violations consist of more than pressuring employees to work extra hours without appropriate compensation. Employers may also:
- Incorrectly classify employees as exempt
- Omit certain payments like bonuses, commissions or travel reimbursements from overtime calculations
- Offer compensatory time off in lieu of overtime pay (illegal in some cases)
Though sometimes more difficult to recognize, these are all ways to deny workers their pay.
Potential recourse
Those facing losses from overtime violations have options. They need to document every hour they work and previously worked as evidence and then raise concerns with the proper individuals. The first point of contact is usually a manager. However, if this fails, employees can file a complaint with the U.S. Department of Labor or bring a lawsuit against their employers within four years.
Unpaid overtime has far-reaching consequences for workers, negatively impacting their financial stability and overall well-being. To prevent these, the law provides protection from and ways to combat this theft.