Florida wage dispute lawyers
Has your employer refused to pay you the wages you rightfully earned? Our experienced Florida wage dispute lawyers fight for hard-working employees throughout the state to get them the money they rightfully earned. We have dealt with a wide range of employment issues, including minimum wage violations, disagreements over overtime pay, illegal deductions from paychecks, and more.
Contact us today for a free consultation.
The Fair Labor Standards Act (FLSA)
A wage dispute is a disagreement between an employer and an employee over the amount of wages the employer owes the employee. The Fair Labor Standards Act (FLSA) requires that covered employers pay non-exempt employees at least the minimum wage for all hours worked and overtime pay for any hours worked over 40 in a workweek. However, many workers are not paid these required wages and must take action to recover the unpaid wages they are owed.
An Overview of Common Types of Wage Disputes in Florida
Below you will find more information about some of the most common wage issues employees have with their Florida employers and the actions you can take if you have a wage dispute with your employer.
In Florida, you are entitled to overtime pay if you work more than 40 hours a week. The law mandates that employees who work more than 40 hours are entitled to at least 1.5 times their regular pay rate. Unfortunately, many employers try to get away with not paying their employees for their overtime hours. Refusing to pay overtime wages is not only illegal but unfair to employees.
You have a few options if you find yourself in a situation where you need to be properly compensated for your overtime hours. First, you can talk to your employer about it.
If they are unwilling to listen or cooperate, you should speak to an experienced Florida wage dispute attorney. The attorney can help you understand your rights and options under the law and help you take active steps to get the back pay you deserve.
Family and Medical Leave Act Disputes
The Family and Medical Leave Act (FMLA) is a federal law that provides employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months and have logged 1,250 hours of service during those 12 months.
Unfortunately, disputes often arise between employees and employers over the proper application of the FMLA. These disputes can involve questions about whether an employee is eligible for FMLA leave or whether they can return to work after taking an FMLA leave.
If you find yourself in a dispute with your employer over the FMLA, it is essential to seek legal assistance as soon as possible. You are protected and cannot be demoted or fired for taking FMLA leave.
Severance Pay Disputes
It’s not uncommon for employers to offer severance pay when the company is downsizing or when staff members retire. Florida law dictates that if the employer does offer severance pay, it should be based on the employee’s length of service and position within the company. The severance amount will generally range between 6 weeks and 20 weeks of base pay.
As such, employees who have been with the company for a long time or are in high-level positions may be entitled to more severance pay than those, who have only been with the company for a short time or are in lower-level positions.
If you believe your employer has not offered you fair and adequate severance pay, consider consulting with an experienced employment law attorney. The attorney can review your case and advise you of your legal options.
Minimum Wage Violations
In Florida, the minimum wage is $11.00 per hour. Many workers in Florida are paid less than this amount per hour, and some are not paid at all for their work. This is a violation of state law, and these workers have a right to file a wage dispute with the Department of Labor.
If an investigation finds that an employer has violated the minimum wage laws, the employer will be required to pay back any unpaid wages to the employee. The employer may also be subject to civil penalties.
Minimum wage violations are serious offenses, and employees who believe they have not been paid properly should contact a Florida wage dispute attorney right away to help them file a complaint.
In the state of Florida, if an employee is not given proper compensation for their off-the-clock work, they may be able to file a wage dispute. This type of work can include any number of tasks, such as setting up for a meeting or event, cleaning up after the said event, or even taking work home with them. If an employer asks an employee to perform any type of task outside of their normal working hours, the employee should be compensated for that time.
If you’re a worker in Florida who is not being paid for all the hours you work, you may be able to file a wage claim with the state. This will allow you to get back pay for the hours you’ve worked but weren’t paid for. You may also be able to get other damages, such as punitive damages and attorney’s fees.
Speak to an experienced wage dispute lawyer in Florida. They can help you understand your rights and options under the law.
Misclassification of Employees
In recent years, the misclassification of employees has brought up numerous wage disputes in the state of Florida. Some employers have been caught breaking the law by calling their workers “independent contractors” instead of “employees.” This allows them to avoid paying payroll taxes, workers’ compensation premiums, and unemployment insurance taxes.
The misclassification of employees can also lead to lower wages and fewer benefits for workers. In some cases, it can even result in illegal wage practices, such as not paying overtime or minimum wage.
You should know that the state of Florida is cracking down on employers who misclassify their workers. The law also makes it easier for workers to file a claim if they believe they’ve been misclassified. Speak to an attorney, and they will help you.
Denied Breaks or Meals
Although there is no law in Florida that expressly mandates businesses to give food and rest breaks, federal law does require that workers be compensated for breaks that are provided to employees.
So, if an employer denies an employee payment during the time given for their breaks or meals, the employee is able to file a wage dispute. In this instance, they may be awarded back pay and damages.
If you have been denied your pay during breaks or meals at work, you may be entitled to compensation. Contact our office to speak with an experienced attorney who can help you determine whether you have a case and what your next steps should be.
Commission Pay Disputes
Commission pay disputes are common in Florida. If you are an employee who is owed commissions, there are a few things you can do to get your money.
If you have a written contract, start by looking at the agreement to see what it says about how and when you should be paid. If the contract is clear and you’re still not being paid, you can send a demand letter. This is a formal letter that states what you’re owed and gives the employer some time to pay up. If you don’t have a written contract, you may still be able to get your commissions by showing that the employer promised to pay them to you. This can be done with emails, text messages, or even witness testimony. Once you have done this, give your employer a reasonable amount of time to correct the problem.
If your employer still refuses to pay you what you’re owed, your next step is to have a Florida wage dispute attorney help you file a complaint with the Florida Department of Labor.
Yormak Employment & Disability Law
If you’re a Florida worker who has been the victim of wage theft or any other type of wage dispute, you know how frustrating and confusing the process can be. You may not know where to turn or what your options are. That’s where we come in.
Our team of experienced Florida wage dispute lawyers has helped countless workers just like you get the justice and compensation they deserve. Depending on the specifics of your case, we may suggest mediation, arbitration, or filing a lawsuit. We know the ins and outs of the law, and we’re here to fight for you every step of the way.
Don’t go through this alone – let us help you get the justice you deserve.Contact us today for a consultation.